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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. Can my house or car be taken if I'm arrested for drug manufacturing? Throughout the following steps, you and your lawyer will be given the opportunity to challenge the prosecutor's evidence against you and present a defense. Under Texas law, the term "marihuana" is defined as the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. Penalty Group 2-a Drugs Include Synthetic Compounds That Mimic the Natural Effects of Cannabinoids. Kevin Bennett Travis County Possession of Ecstasy Defense Lawyer. Fentanyl, Other Synthetic Opioids: Over the last 15 years, these types of synthetic opioids, both on their own and when mixed with other drugs like heroin, have been one of the leading causes of drug overdoses and drug-related deaths in the United States. At your arraignment, you will be told by the judge or magistrate about the charges that the prosecutor has brought against you. Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure. Pleading not guilty is sensible unless you have worked out an agreement with the prosecutor that calls for a different plea. If a violent crime such as robbery or assault also took place involving illegal drugs, the punishments can be much more severe. How to fight a possession with intent to distribute charge. The following offenses may be eligible: - Possession of controlled substance under 2 ounces. What this means is that the police cannot search you, your home, or even your vehicle without first providing probable cause and obtaining a search warrant.
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JWH chemicals (which is commonly found in synthetic marijuana such as "Spice" or "K2"). If you have been charged with a drug crime in Texas, then the possible penalty you will face is determined by the type and quantity of the drug. Delivery of Marijuana.
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Fortunately, there are ways to defend your freedom against unfair accusations. In many cases, police will accuse someone of possession with intent based on indirect evidence. Your family might not be able to survive if you are convicted, and going through complicated criminal proceedings can place an unwanted strain on familial relationships. DEFERRED ADJUDICATION PROGRAMS IN TARRANT COUNTY. It could also be the result of a multi-layer investigation involving both state and federal officers, and most likely involving much more serious criminal charges. You will need a lawyer who listens, is attentive to your legal needs and offers a confident and thorough defense in and out of court. How to beat a manufacturing and delivery charge in texas holdem poker. There are two kinds of drug charges, manufacture and delivery and also possession. Should You Snitch For A Drug Dismissal?
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According to the Texas Controlled Substances Act, both manufacturing, and delivering marijuana are treated similarly under the law. Unlike getting charged with possession of a small quantity of drugs, drug distribution charges for trafficking could lead to an extended prison sentence if convicted. For these reasons, it is crucial that you retain an experienced drug trafficking lawyer that is knowledgeable about the current drug trafficking laws in Texas. Delivery, Furnishing, or Giving a Gift of Marijuana is basically the offense of Selling Marijuana. The amount of the drug in question is incorrect – if the alleged drug weight was improper, your drug lawyer may be able to get your drug case lowered to a lesser charge, providing you more options to resolve your case in a favorable manner. How to beat a manufacturing and delivery charge in texas are found. On the other hand, if you do give consent for a search, you may prevent your lawyer from arguing at your trial that the evidence found in your vehicle was obtained illegally.
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You are suddenly in a position where you need to defend your reputation, your freedom, and your rights. The reasoning behind that, as far as the state is concerned, is they want to discourage drug dealers, and drug manufacturers, because those are the people putting drugs out on the street. In the civil action the state, because it's a civil suit, not a criminal case, has a lower burden of proof in those cases where they try to seize your car, your house, money, there are all kinds of things that they'll try to seize. How to Beat a Felony Drug Charge in Texas | Offering Free Consultations. SEARCH INCIDENT TO LAWFUL ARREST. Contact Austin criminal defense attorney Kevin Bennett to begin work on your defense. An appeal must state what errors the judge, jury, or the prosecutor made during your trial. This is becoming more and more common and abused by the state in my opinion, and we'll get to that in a second.
If the arrest was done within a residence, a protective sweep can be done within the home to see if anyone else is present, all without a search warrant. This is typically done when the prosecutor agrees to withdraw the charges after you complete certain requirements. Drugs here include heroin, cocaine, ketamine, oxycodone, methamphetamine, hydrocodone and GHB. The law applies to driving under the influence of prescribed drugs, over-the-counter drugs, or illegal substances. You're just one more person to haul off to jail before lunch. How to beat a manufacturing and delivery charge in texas instruments. All of this information is then used to prove probable cause and to obtain a search warrant from a judge. Texas Drug Trafficking Penalties. Definition of Marihuana in Texas. As you can see, the consequences of a conviction for these charges are extremely severe.
Additionally, someone arrested on this type of charge in what's known as a Drug Free Zone (for example near a school, church, or park) will face enhanced penalties. However, despite there being minimum and maximum sentences, generally, a judge will have more leeway under Texas state law versus what is allowed in the federal system. What is Possession with Intent to Distribute in Texas. I will ensure that the most effective defense is developed and that everything is done to protect you. Class A Misdemeanor: 1/4 ounce or less and deliverer receives remuneration. Controlled substance – any substance, including a drug, an additive, or a mixture that is listed in Schedules I through V. Examples of a Schedule I drug are heroin and ecstasy. Sometimes the police go undercover and pose as drug buyers.
This can be through sale but it does not have to be. 10-99 years or life and a fine not to exceed $100, 000: 2, 000 pounds or more. Manufacturer – someone that makes or produces a controlled substance or drug. However, there's no specific leeway just for manufacturing. Penalties for this offense depend on the amount of the substance in the alleged offender's possession and the type of substance. The narcotics agent may have violated your rights by delaying you for a drug dog – it is common for traffic stops leading to a drug trafficking or possession arrest to involve a drug dog being used to establish probable cause for a search. Typically what happens is the civil case is abated, or stopped, until we resolve the criminal case. The "war on drugs" fills prisons over capacity across Texas. As a result, you will want to do everything in your power to make sure that you are treated fairly and that you prevent this matter from ruining your reputation, lifestyle, and career. Facing theses charges is stressful. In addition to all of these potential punishments, a conviction for a drug crime can affect your life in many other ways, such as losing your job, denial of a housing application, missing out on scholarship money, loss of school/employment opportunities, taking up time having to go to court, and not to mention straining your relationship with family and friends.