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The statutes related to manufacturing and delivering drugs are as follows: - Manufacture or Delivery of Substance in Penalty Group 1 (Texas Penal Code Section 481. Defending a drug charge can be a serious and challenging ordeal for everyone involved. This means that before the police can search a home, vehicle, or an individual's clothing or body, they must have a reasonable basis to suspect that a crime has been committed. HOW THE POLICE CATCH YOU. It is vital that you understand that any agreement that you reach with the prosecutor must also be approved by the judge. You need to know what you are facing. 2nd OR SUBSEQUENT MAXIMUM FINE. I will sit down with you to get the facts straight, so I know how to best defend you. How to beat a manufacturing and delivery charge in texas using. For instance, if you were originally charged with Possession of a Controlled Substance under 1 gram, you would be facing a State Jail Felony, punishable by up to 2 years in prison and up to a $10, 000 fine. Heroin: Heroin is a highly addictive drug that the Mexican and South American drug cartels ship into Texas in huge amounts.
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Even chemicals that are themselves not illegal to possess, but are considered "precursor" chemicals, can be illegal depending upon the circumstances of possession and the intent. Orland Park Drug Manufacturing or Delivery Attorney. Manufacture or Delivery of a Controlled Substance. The police will wait until they observe a drug transaction and then swoop in and make an arrest. Contact my San Marcos office today to schedule a one-on-one consultation.
The location where the offense took place. I have several right now. How to beat a manufacturing and delivery charge in texas are equal. Texas law considers "distribution" and "delivery" as practically the same thing. That can only make your situation worse. Once evidence is found and seized by the police, they must maintain proper custody of the evidence to make sure it is not tampered with or invalidated in any way. A person charged with Delivery of Marijuana is typically arrested and taken to jail.
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Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases. And the downsides are life-altering. As noted above, many of these charges cover possession with intent to deliver. How to beat a manufacturing and delivery charge in texas without. According to the Texas Controlled Substances Act, both manufacturing, and delivering marijuana are treated similarly under the law. Also, even if the drugs aren't technically yours, but have been shared amongst you and a group of other people, you can still be charged with possession. In order to effectively cooperate in a drug investigation, your aggressive and experienced drug defense lawyer must negotiate directly with the prosecutor to outline the specifics of the result of your case before you decide to cooperate. Asset Forfeiture or Seizure of your Property.
These strategies may involve: - Proving you did not have an intent to distribute: As we mentioned earlier, proving intent to distribute can be slightly more difficult for a prosecutor. Narcotic drugs include: opium and opiates, cocaine, and any other substance with a similar chemical structure. Keep in mind, Keates Law Firm only practices in Austin and Travis County. As you can see, the consequences of a conviction for these charges are extremely severe. Texas law uses the same schedules as federal law as outlined in the Controlled Substances Act. UNKNOWING POSSESSION. If you have been arrested on ecstasy charges in Austin or Travis County, contact the Law Office of Kevin Bennett today at (512) 476-4626 to discuss your options. 3 Ways You Can Be Charged with Drug Trafficking in Texas. You are suddenly in a position where you need to defend your reputation, your freedom, and your rights. The Keates Law Firm has over 16+ Years Experience handling Delivery, Furnishing, or Giving Away Marijuana cases. To help you in this fight, the lawyers at The Fulgham Law Firm have provided a detailed overview of drug crimes in Texas along with some helpful tips and possible defenses. Call (210) 738-8383 today for a free and confidential consultation. Depending on each client's particular situation this may be an option.
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If you did not know that the drugs were on you, or if someone else put the drugs in the location in which they were seized by the police, then you may have a valid defense to a possession charge. According to sections 481. This does not include hunches or guesswork on the part of law enforcement. What is Possession with Intent to Distribute in Texas. Conspiracy to distribute ecstasy (MDMA). Your criminal record, the seriousness of the charges, and your age could all be considered when deciding your sentence.
So they're trying to seize his home because drugs were found. The aggregate weight of the flour, the sugar, the chocolate, the butter, and the eggs could all be considered adulterants or dilutants. Your house or car can be taken. Are minors given leeway on drug manufacturing charges? Schedule II drugs may have some medical use but carry a high risk of addiction. It can be as routine as being in a traffic stop where the police officer smells marijuana and then finds a bag of it.
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A Class A misdemeanor drug conviction can result in a jail sentence up to one year and/or a fine up to $4, 000. A positive drug screen at the time of the application. This includes stopping your car without evidence that you violated traffic laws. You can also face life imprisonment, although there is a likelihood of parole. NO AFFIRMATIVE LINK.
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Manufacture or Delivery of Substance in Penalty Group 3 or 4 (Section 481. Penalties for the Delivery of Marijuana in Texas. Manufacturing marijuana is defined as growing or cultivating marijuana illegally. Why Do You Need a Skilled Attorney? A not guilty verdict means that you have won and your trial is over. Sometimes, evidence can be thrown out because it was obtained through an improper interrogation or an illegal search and seizure.
Manufacture or Delivery of Substance in Penalty Group 3 or 4, 400 grams or more: A prison sentence of 10-99 years, or a life prison term, and a fine of as much as $100, 000. Group 4 deals with compounds or mixtures that include substance such as codeine, which by itself is a Penalty Group 1 substance, but also contain active nonnarcotic ingredients that lend medical value. The penalties for this offense can vary depending on the amount of the substance trafficked and the penalty group the drug is classified under. In most cases, offenders will face fines, probation, and possible state prison sentences. The statute makes it illegal to essentially transport marijuana from yourself, for personal use, to another person, for any reason. SEARCH INCIDENT TO LAWFUL ARREST. Don't leave your case up to chance – get me on your side so that I can protect your rights and guide you through this difficult time in your life. You may also have challenges in finding a job or housing, getting credit, or obtaining licenses. Delivery of marijuana- This attracts a fine of up to $100, 000, and/or a jail term of up to 99 years; with 180 being the minimum jail term days. You have the absolute right to refuse a search by any type of law enforcement, whether they be local, state, or federal.
The criminal penalties will vary depending on which group the controlled substance falls under. Again, your lawyer will have an opportunity to challenge this evidence and attempt to poke holes in the prosecutor's arguments. The distribution of drugs to individuals under 21 years of age- This attracts two to three times the penalties given under the federal law. Generally, dependent on how we resolve the criminal case, we still go ahead and do the civil hearing to fight the forfeiture. Almost all police agencies have whole units of officers, investigators, and detectives exclusively dedicated to drug enforcement.
Pyrovalerone containing compounds. If you are a student, drug convictions (including Possession of Drug Paraphernalia) can interfere with student loans and grants. Remember, you are not required to present a defense and you have the absolute right to refuse to testify at your criminal trial. You must also remember to read the warrant for the specifics of what is searchable and what is not. A person might be arrested for this crime if a massive amount of marijuana is found in their home or vehicle.
If cooperating is not necessary to your freedom, you should not do it! For instance, if a person retrieved their roommate's aspirin bottle to give an aspirin to their friend they had a headache, and it turns out that the bottle actually contained hydrocodone, a controlled substance, then that person who retrieved the bottle cannot be convicted of delivery of a controlled substance because he or she did not know, or could not have known, that the item was in fact hydrocodone. Poor legal decisions will have a negative effect upon the case as it progresses. This can be best illustrated by some examples. In all cases involving drugs, you have to know the substance was a drug and that you knew the substance was where it was found. An arrest does not mean you will be convicted and there are many things that need to be immediately done to protect you. Call us today for a free case review so we can work together to start building the strongest possible defense to your charges. For some drugs in Texas, this defense will not be available as no doctor can legally prescribe them. The first step that I will take is analyzing the drugs that you are accused of manufacturing or delivering.
Drug Penalty Groups.