A Houston Drug Crime Lawyer By Your Side Changes Everything

Against Drug Charges, a Strong Drug Crime Defense Attorney

Federal Crimes Defense Lawyers in Texas

The severity of drug crime penalties in Houston requires competent attorneys in order to handle such situations with the care and expertise required. Here at John T. Floyd, you can count on a reliable team that knows how to build solid defenses against those accusations.

Facing A Drug Crime Accusation in Houston

Being accused of committing a drug crime comes with serious consequences that need to be addressed immediately. Whether you are being charged with drug possession or with the intention of selling, Texas state penalties are very severe, so taking action right away is key. Our legal team at John Floyd Law Firm is ready to provide you with the needed assistance that such cases require. Ensuring working with a top-notch drug crime lawyer in Houston for your defense is how the best possible outcomes can be reached.

What to Do After Being Charged With a Drug Crime in Houston

The moment law enforcement or a prosecutor charges you with any drug crime, taking prompt action makes all the difference from a difficult scenario to a manageable one. Drug offenses in Houston are more common than expected, as it is a big city near international borders with both airports and ports, with the constant flow of people and merchandise, all of which create the conditions for drug trafficking. In fact, despite having one of the most severe penalties in the US legal system, drug crime consequences range from long incarceration periods, substantial fines, and many other collaterals.

Even more, if we consider that drug offenses are one of the most prosecuted crimes in the whole country, getting informed about these topics can help you or someone close to you understand better what’s happening when a legal process of this kind begins. Although there are many types of drug crimes, the most common ones are possession and the intent to distribute; this last one is a crime that can be easily charged to someone caught with a considerable amount of any illegal substance, even if there wasn’t any intention of selling.

Keeping in mind the specificities of drug crimes in Houston, it’s important to have a more realistic understanding of what’s actually happening, which acts as a guideline. Due to Houston’s huge population, large size, and proximity to the frontier, the following are the general characteristics of drug crimes committed here:

  • The presence of illegal organizations implies the emergence of major trafficking networks.
  • Due to demand and closeness to the international frontier, the most trafficked drugs are methamphetamine, fentanyl, cocaine, and prescription pills.
  • Among those, the most lethal substance is fentanyl, but methamphetamine is the one with the highest volume of local drug seizures and arrests.
  • According to the Texas legal system, the possession of just a trace amount (less than one gram) of Group 1 or 1-B substances is charged as a State Jail Felony.
  • Houston’s high density increases the probability of drug-free zone penalties.

With the assistance of a reliable law firm like John T. Floyd, any drug crime charges can become a manageable situation by building a strong defense that takes into consideration all the details of your case. 

Factors That Aggravate a Drug Crime

Presence of Weapons 

Using or carrying a firearm or any other weapon during any drug-related crime comes with aggravating consequences such as immediate disqualification from probation and the addition of at least 5 years of consecutive prison on top of the drug sentence. 

Overdose Related Cases

 

Recent legislation like the Fentanyl Murder Statute indicates that manufacturing or delivering a substance that results in someone’s death by overdose is considered murder under Texas Penal Code § 19.02.

Drug-Free Zones

Houston’s high density implies the proximity of drug-free designated areas (schools, daycare centers, youth centers, or public swimming pools), and if any drug crime occurs within 1,000 feet of them, it increases the offense classification by one full degree.

Involvement of Minors

When there are minors involved in either the delivery of a drug or anywhere in the chain of production and distribution of it, the Texas Penal Code heavily penalizes it. In both cases, the drug charges immediately escalate into a 2nd or even 1st Degree Felony. 

Quantity and Distribution

A significant amount of illegal substance possession could lead to additional consequences in both the sentence and the charge for other crimes, such as intent to distribute. 

Organized Criminal Activity

If the drug offense had anything to do with a trafficking network or a street gang, or if the accused had prior criminal records classified as a “repeat offender”, that will result in more serious sentences due to the escalation of the penalties into higher felonies. 

Types of Drug Crimes

Even though drug possession is the most common crime in this legal area, there are quite a few other drug-related crimes, such as the production, planning, bulk distribution, deception, or dealing of ill-gotten gains. Let’s take a closer look at all those other crimes:

  • Drug manufacturing: The production of drugs like methamphetamine, crack cocaine, and synthetic cannabinoids, and the cultivation of marijuana, happen all over the state of Texas, and they are typified under this crime.
  • Drug trafficking: When there’s an enormous amount of drugs involved and moved internally in Texas, between states, or internationally, it’s a different crime from possession with the intention of distribution.
  • Conspiracy to deliver: Only a message referring to the selling or buying of an illegal substance is enough to be charged with this crime. In fact, no drug needs to be involved at all; just pointing it out could lead you to a legal process.
  • Distribution in drug-free zones: If the selling or buying happens within a range of 1,000 feet near a school, a park, or a youth center, this is the crime that’s going to be charged instead of just distribution, elevating the crime to a felony and, consequently, the most severe penalties.
  • Fraud of prescription drugs: When a legal substance is being trafficked beyond legal limits, usually involving deception and the misrepresentation of medical professionals, we are talking about this crime.
  • Money laundering: Illicit enrichment that involves drug money being passed as legal through different mechanisms such as smurfing (the breaking of large amounts of money into tiny pieces to avoid calling attention), the setting of shell companies (that don’t generate money but are being injected with illicit funds), and cash-intensive businesses (usually restaurants and small businesses whose profits are inflated).

Each type of drug crime will have its own legal consequences, some more serious than others, but in all of them the Texas Penal Code is very clear about typifying them as criminal offenses; depending on the specificities of each case, they’ll be either a misdemeanor or a felony.

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Seek Professional Advice From A Reliable Houston Drug Crime Lawyer

Due to the severe consequences that drug offenses carry, getting qualified legal assistance as soon as possible is the most viable way of facing those charges. When an experienced law firm like John T. Floyd takes charge from the early stages of the process, the outlook improves considerably. Whether it was just a possession misdemeanor or a felony caused by the aggravated conditions already mentioned, seeking professional legal accompaniment is the first step anyone should take.

The severity of Texas drug laws requires taking such accusations with the seriousness they require. Especially if there are aggravators such as the possession of a large quantity of a drug, the presence of distribution paraphernalia, the proximity to drug-free zones, the implication of minors, the presence of weapons, and the relationship with trafficking networks, professional counseling is a must so that even the slightest detail is considered.

Contact us by either calling at 346-214-2554 or scheduling a consultation by filling out this online form. As soon as we receive the request and start knowing the initial details, we’ll do our best to build the strongest defense for you.

FAQ

Do first-time drug offenders go to jail?
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It depends. If the drug amount surpasses certain weight limits (which vary for each substance), and there are other aggravating factors, jail time could be a legal consequence. But even in cases where the committed crime is typified as a felony, the jury can send the accused to probation, diversion programs, or deferred adjudication, especially if it is a first offender or a minor.

Can you get mandatory probation for a drug felony charge in Texas?
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Yes, especially if it is a first-time offense and the drug amount and type don’t surpass certain limits. So, for example, for Penalty Drug 1, 1B & 2 substances, the confiscated amount should be less than 1 gram, and for Penalty Drug 2-A (Synthetic Cannabis/K2) and Marihuana (Leaf Material Only), it should be between 4 ounces and 1 pound.

How can a Houston drug crime lawyer get my charges reduced or dismissed?
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There are several ways that a qualified lawyer can get your drug crime charges in Houston reduced or even dismissed, among which the following are the most commonly used strategies: appealing to the Fourth Amendment protection against the traffic stop or search and questioning constructive possession (meaning, arguing that the drugs weren't yours).

Let The Best Legal Team in Houston Defend You Against Drug Charges

With us, you’ll have a trustworthy legal advisor working towards providing a powerful defense against drug crime accusations. We commend you to contact us as soon as you get arrested or suspect that an investigation is going on. A prompt response can completely change the legal landscape, especially during an arrest, in order to prove unlawful searches, preserve evidence, and prevent self-incrimination. John T. Floyd and all of our team is part of the Texas Board of Legal Specializations, so when you trust us, you’ll be counting on a team of Houston drug crime lawyers to support you in anything you need.

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