A person might be arrested for this crime if a massive amount of marijuana is found in their home or vehicle. Case possesses years of experience in the handling of criminal cases involving these substances. 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. Call to speak directly with Don Flanary about your felony or misdemeanor case during a free and confidential consultation. Penalties for the Delivery of Marijuana in Texas. Chapter 12 of the Texas Penal Code defines the basic penalties for drug crimes. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results. These terms are defined in Chapter 481 of the Texas Health and Safety Code. Law enforcement will be looking for things like how the substance is stored—for example, is there one container indicating personal use, or are several smaller containers perhaps indicating distribution? Make certain that your drug lawyer breaks down your set of facts to ensure the state of Texas can prove criminal intent – it is critical. How to beat a manufacturing and delivery charge in texas border. The mere growing of marijuana is not considered manufacturing, but instead possession. Federal penalties are much more serious than state penalties. If you are arrested or charged with possession of a controlled substance, or the distribution or manufacture of an illegal drug, you need to find a Texas criminal defense attorney that is familiar with drug offenses and knows how a particular county feels about drug offenses (some counties are more conservative than others).
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At Thiessen Law Firm, we can prove that to you — and then, make it happen in court. This is the most important document associated with the search warrant because the narcotics officer must lay out the specific facts establishing probable cause for the search. How to Beat a Felony Drug Charge in Texas | Offering Free Consultations. You deserve to be treated fairly. This is becoming more and more common and abused by the state in my opinion, and we'll get to that in a second. Some of the most commonly charged controlled substance offenses can include any of the following: - An individual can be charged with possession of a controlled substance (POCS) under sections 481. The general nature of this definition allows for charges against you even when you don't actually have the drugs on you, but when the drugs might instead be stored in a place which you control or manage. Houston marijuana defense attorney Ned Barnett has years of experience on both sides of the courtroom.
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You may want to defend your actions and your behavior. Drugs like heroin, cocaine, and meth are illegal for anyone to possess, and no doctor can legally write you a prescription for them. There are all kinds of documentaries out there that show how different people set up different meth labs. An individual knowingly transports drugs in a vehicle from one location to another.
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All Fields Required. This is because many employers shy away from hiring those with conviction histories. If successfully completed, it is designed to help you remove the drug charge off your permanent record. Penalties will be slightly different for controlled substances in other schedules, but they will still be based on the amount of drug in question. 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. How to beat a manufacturing and delivery charge in texas at austin. Between 2 to 4 ounces = Class A misdemeanor. As an aggressive Criminal Defense Attorney in San Marcos who is licensed to practice in all Texas state courts as well as in Federal Court, I will fight to protect your rights. If you can show that you did not know that drugs were in your possession, then the charges might be dropped. More than 2, 000 Pounds (Felony): A fine of up to $50, 000 and 5 to 99 years in prison. The juvenile system is set up more towards rehab. In most cases, you will not be required to attend these hearings as they are typically argued only by the lawyers involved in the case. Wiretapping can also be used to determine your location.
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If the drugs turn out to be authentic, then you could be arrested for selling drugs. The types and kinds of controlled substances are listed there as well. Your arrest, to them, isn't personal. I have several right now.
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Group 2 includes hallucinogenic mushrooms. The lawyers at The Fulgham Law Firm have a proven track record in successfully defending those charged with drug crimes in Texas. Charged with trafficking drugs in north Texas? Witness testimony can also be used against you. You did not knowingly or intentionally possess, transport, or distribute the drug – what if you were in a car with others who possessed a large amount of drugs and this large amount of illegal drugs leads to a possession with intent to deliver charge? Questions On Drug Manufacturing Charges In Texas. In a normal case, the judge will decide the sentence of the defendant between the minimum and maximum ranges. Every day, law enforcement officers overreach and intervene in our private lives and private choices. Right now, the top two as far as I can tell from the cases we've been getting, are gonna be methamphetamine and heroin. Often, because there is a lack of direct evidence tending to show that the possessor intended to deliver the controlled substance in exchange for money or other items, the state will have to rely on circumstantial evidence that raises a reasonable inference that the possessor of the narcotics intended to deliver or distribute them.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses. The State of Texas legalized marijuana for medical use in 2015. Kevin Bennett Travis County Possession of Ecstasy Defense Lawyer. The law is different with Marijuana as opposed to other drugs like cocaine or pills -- and it's quite less severe. You do not have to be the owner of the drug to be in possession nor does the drug have to be physically on you. Most colleges and universities thoroughly vet students before admitting them, and many scholarships are off-limits to those who have been convicted of a crime. The penalties for this offense can vary depending on the amount of the substance trafficked and the penalty group the drug is classified under. Producing – manufacturing, planting, cultivating, growing, or harvesting a controlled substance.
Merely being present at the scene of a drug crime that you knew nothing about is not sufficient to prove the criminal intent necessary for a conviction. The statutory provided penalties for misdemeanor and felony drug offenses in Texas are as follows: - A Class B misdemeanor drug conviction can result in a jail sentence up to 180 days and/or a fine not more than $2, 000. This does not include hunches or guesswork on the part of law enforcement. Sometimes when police discover controlled substances in the possession of a person, in their car, or in their home, it is not always clear whether that person was selling or distributing, or simply using the substance for personal use. In Travis County, pretrial services may also interview the person concerning a personal bond. What is a Board-Certified Criminal Defense Lawyer? Let's say you've got those drugs in your apartment. How to beat a manufacturing and delivery charge in texas city. Prosecutors are busy little bees. If you are charged for this crime, it can no doubt cause stress and anxiety. A common way for police to search your body is to do an initial "pat down". Your future is worth fighting for.
If a friend left drugs in your car and didn't tell you, and the police find them, this is a different scenario. I don't think the state will be successful in that case. Many are prescription drugs used to treat anxiety. Often times, this is done through circumstantial evidence such as the presence of scales, packaging materials, or large amounts of cash. 118, the following list defines the penalties for drug possession in Penalty Group 4: - An individual can be charged with a Class B misdemeanor drug possession offense if the amount of the substance in their possession is less than 28 grams.
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. If this happens, then you may have an opportunity to work out a different agreement with the prosecutor that will then be resubmitted to the judge for approval. Did they execute the warrant within the specified time frame? Once that case eventually gets litigated I can let you all know what happens. What makes drug manufacturing sentences harsher?
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