Texas has some of the country’s harshest drug laws. Possession of the tiniest usable amounts of Marijuana are punishable by up to 6 months in jail. The possession of tiny amounts of Cocaine, Heroin, Methamphetamines, etc… is a felony offense. If an individual has “Intent to Distribute” the penalties are even harsher. The “Intent to Distribute” does not have to mean selling drugs, simply passing some out to friends is legally sufficient.
Drug crimes are the least consistently enforced crimes both nationwide and across the state of Texas. One of the major reasons for this is that different people (legislators, judges, jurors, prosecutors, etc…) have different philosophical and theoretical approaches to dealing with drug offenders.
If you are charged with a drug crime make sure your lawyer knows the patterns and tendencies of the prosecutor and judge involved in the case. Some judges want to see a drug offender get treatment, others want to see drug offenders go to prison.
Drug charges are serious charges, especially in the state of Texas. Don’t make the mistake of thinking that a drug case in Texas will be handled the same as in California or Washington.
In Texas, planning to give a buddy more than 4 grams of Cocaine has the same punishment range as murder. Seriously. You don’t have to be selling it, or even planning to sell it, just “intending” to share it is enough.
In Texas, prosecutions for drugs are not found in the penal code, like most crimes. They are found in the Health and Safety code. Specifically, the Texas Controlled Substances Act.
Drug crime defense is typically a very technical and complex area of the law. The legality of a search is frequently challenged in drug cases. A defense attorney can sometimes use a “motion to suppress” to have a judge rule that evidence is inadmissible. Even if a person is clearly guilty, if the officers made a mistake during the search and seizure of the drugs a case be thrown out of court.
Many people view getting evidence “thrown out of court” as a “technicality”. While this is a controversial area of the law, people “getting off on technicalities” is actually quite rare. Most lawyers advise a quick and easy plea without even exploring the question of whether the case can be won on “Constitutional” or “Technical” grounds.
It isn’t fair that two people in the same situation can have different results based on the actions of their attorneys. It is, however, a reality. Typically, Stephen Foster’s clients are less concerned with the fairness of the system than doing everything they can to get their lives back on track.
If you are accused of a drug crime get the best legal representation you can, immediately. Only an experienced and knowledgeable attorney can review your case and advise you on your best course of action.
Remember, if an officer makes a legal mistake it might mean your case can be thrown out. If your attorney makes a legal mistake, you might give up your right to appeal forever. Make sure your case stands up in court by consulting with a top defense attorney before you take a plea that will be on your record for life.