Drug Charges Defense
Expert Defense Against Drug-Related Charges
Understanding Drug Charges in Texas
Drug charges in Texas range from simple possession to serious trafficking offenses, with penalties that can include significant jail time, heavy fines, and long-lasting consequences. The Texas Controlled Substances Act categorizes drugs into penalty groups, with penalties increasing based on the type and amount of substance involved. Our experienced criminal defense attorneys understand the complexities of drug law and will fight aggressively to protect your rights and freedom.
Types of Drug Charges
Drug Possession
Having illegal substances in your control, whether on your person, in your vehicle, or on your property. Penalties vary based on the type and amount of substance.
- Class B misdemeanor to 1st degree felony
- Up to life in prison
- Fines up to $250,000
- Driver's license suspension
Manufacturing & Delivery
Producing, processing, preparing, or distributing controlled substances. This includes selling, giving away, or offering to sell illegal drugs.
- State jail felony to 1st degree felony
- 5 to 99 years or life imprisonment
- Fines up to $250,000
- Enhanced penalties for school zones
Drug Trafficking
Large-scale distribution or transportation of controlled substances, often involving interstate commerce or significant quantities.
- Federal charges possible
- Enhanced penalties for large amounts
- Asset forfeiture
- Mandatory minimum sentences
Prescription Drug Crimes
Illegal possession, distribution, or fraudulent obtaining of prescription medications, including "doctor shopping" and prescription forgery.
- Prescription fraud
- Doctor shopping
- Illegal prescription sales
- Pharmacy theft
Drug Paraphernalia
Possession, manufacture, or delivery of equipment, products, or materials used for consuming, producing, or distributing controlled substances.
- Pipes and bongs
- Scales and baggies
- Syringes and needles
- Manufacturing equipment
DWI with Controlled Substances
Operating a vehicle while impaired by illegal drugs or prescription medications, which can result in both DWI and drug possession charges.
- License suspension
- Vehicle impoundment
- Ignition interlock device
- Enhanced penalties for repeat offenses
Texas Controlled Substances Penalty Groups
Common Defense Strategies
Illegal Search & Seizure
Challenging evidence obtained through violations of your Fourth Amendment rights, including improper stops, searches, and seizures.
Lack of Knowledge
Proving you were unaware of the presence of controlled substances or didn't know the substance was illegal.
Lack of Possession
Demonstrating that you didn't have actual or constructive possession of the alleged controlled substances.
Entrapment
Proving that law enforcement induced you to commit a crime you wouldn't have otherwise committed.
Lab Testing Issues
Challenging the accuracy, chain of custody, or procedures used in testing alleged controlled substances.
Valid Prescription
Proving you had a valid prescription for controlled substances or were authorized to possess them.
Long-Term Consequences of Drug Convictions
Drug convictions can have far-reaching consequences that extend well beyond jail time and fines, affecting virtually every aspect of your life for years to come.
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Employment Barriers: Many employers conduct background checks and may refuse to hire individuals with drug convictions, limiting career opportunities.
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Professional Licensing: Drug convictions can prevent you from obtaining or maintaining professional licenses in healthcare, education, finance, and other fields.
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Housing Discrimination: Landlords and housing authorities may deny rental applications based on drug conviction history.
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Educational Impact: Drug convictions can affect eligibility for federal financial aid and admission to colleges and universities.
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Immigration Consequences: Non-citizens may face deportation, denial of naturalization, or inability to obtain visas due to drug convictions.
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Loss of Benefits: Drug convictions can result in loss of government benefits including food stamps, housing assistance, and other social services.
Alternative Treatment Options
Drug Court Programs
Specialized court programs that focus on treatment and rehabilitation rather than punishment for eligible defendants.
Pre-Trial Diversion
Programs that allow dismissal of charges upon successful completion of treatment, education, or community service.
Deferred Adjudication
Probation without a conviction that can lead to dismissal and potential record sealing upon successful completion.
Rehabilitation Programs
Inpatient and outpatient treatment programs that address substance abuse issues and underlying addiction problems.
Community Service
Alternative sentencing that allows defendants to give back to the community while avoiding jail time.
House Arrest/Monitoring
Electronic monitoring programs that allow defendants to remain at home while serving their sentence.
Facing Drug Charges?
Drug charges are serious matters that require immediate attention and experienced legal representation. The consequences of a conviction can follow you for life, affecting employment, housing, and countless other opportunities. Our skilled criminal defense attorneys at Morales Padia Law will fight aggressively to protect your rights and explore all available defense options.
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