Drug Crimes

drug crimes

Drug Crimes

Austin Drug Criminal Defense Lawyer

Were you found with even a slight amount of marijuana or cocaine? Did you hang around the wrong people and get caught in the wrong place at the wrong time? Drug charges can happen to anyone. Whether you are being accused of possession with a small amount of drugs or drug trafficking, Texas takes the “war on drugs” very seriously. If you have been accused of a drug crime in Travis County or Williamson County, you need a criminal defense lawyer who will listen to you, investigate your case, and aggressively fight the State of Texas. Smith & Vinson Law Firm works for you and we will fight for to the best possible resolution of your drug charges.

Types of Drug Charges

There are a wide variety of drug charges that are prosecuted in Texas. Among them are:

  • Possession of a controlled substance
  • Possession of marijuana
  • Possession with intent to distribute
  • Manufacturing (including marijuana cultivation and operating a meth lab)
  • Trafficking
  • Conspiracy

Further, there are several factors that can influence the severity of these charges including the type of drug, the amount, an alleged intent to distribute, whether minors are involved, or whether the alleged activity occurred in a school zone.

Certain drug crimes can also attract the attention of the DEA, especially if there is any evidence that the drugs were or are intended to be transported across state lines or originated in Mexico. If this is the case, you could be facing federal charges in addition to state charges.

Penalties for Possession

The penalties for possession depend on the type of drug alleged.

Possession of Marijuana (Penalty Group I)

WEIGHT

CLASSIFICATION

PENALTY

2 ounces or less

Class B misdemeanor

Up to 180 days in county jail

Up to $2,000 fine

More than 2 ounces, but less than 4 ounces

Class A misdemeanor

Up to 1 year in county jail

Up to $4,000 fine

More than 4 ounces, but less than 5 pounds

State jail felony

Between 180 days and 2 years in state jail

Up to $10,000 fine

More than 5 pounds, but less than 50 pounds

Third-degree felony

Between 2 and 10 years in prison

Up to $10,000 fine

More than 50 pounds, but less than 2,000 pounds

Second-degree felony

Between 2 and 20 years in prison

Up to $10,000 fine

More than 2,000 pounds

Enhanced first-degree felony

Between 5 and 99 years in prison

Up to $50,000 fine

Possession of Other Controlled Substances. The Texas Health and Safety Code classifies controlled substances into four penalty groups, with each penalty group further broken down by weight. The penalty groups are (in order of decreasing severity):

  • Penalty Group I: Cocaine, Codeine, Marijuana, Oxycodone, Opium, Methadone, Ketamine, and Methamphetamines
  • Penalty Group II: Mescaline, Ecstasy, Methaqualone, and Amphetamine
  • Penalty Group III: LSD, Xanax, Methylphenidate, and Valium
  • Penalty Group IV: Compounds or mixtures that contain limited amounts of narcotics, or one or more active medical ingredients

Central Texas Drug Lawyer

The State of Texas aggressively prosecutes cases when drugs are involved. This is why you need to mount an aggressive defense. The State of Texas is working against you. You need someone working for you. The lawyers at Smith & Vinson Law Firm will work for you. We represent client’s accused of drug charges in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and all around the Central Texas area. Contact us now for a free consultation at 512-368-9044.

Defenses

The Fourth Amendment prohibits unreasonable searches and seizures. If the police did not obtain a warrant or if your rights were otherwise violated, then the evidence obtained in violation of your rights (often, the drugs) can be suppressed. Without the ability to introduce the drugs into evidence, the State of Texas cannot prove its case against you. Police misconduct during the investigation of its case against you can also be a valuable bargaining chip in getting your drug charges reduced, or even dropped.

The introduction of reasonable doubt against the State’s case. The State’s evidence is not as strong as it often appears at first glance. What a police officer says happened and what actually happened are often two very different things. At Smith & Vinson Law Firm, we understand the importance of conducting a thorough investigation so that we can get the complete story.

What We Do

An inexperienced or cheap attorney will do little more than give your case a cursory review before “plea bargaining” with the prosecutor. The lawyers at Smith & Vinson are not plea lawyers. We are trial lawyers. We aggressively review your case and fight to get the best possible results for our client. From the first day you become our client, we begin to prepare your case for trial. Though every case may not go to trial, it is our experience that when we are more prepared than the prosecutor at every setting and every hearing, you are likely to receive a better offer. We will always be willing to listen to you. We will never back down from a fight and, if needed, we will be ready to go trial.

Pleading guilty to a felony charge gets you one step closer to life in prison. At Smith & Vinson, we take every avenue available to us to find the best possible defense for you. When we receive your case, we will:

Conduct our own investigation. We will review the evidence thoroughly. We look beyond the police report and find out what really happened. We will interview witnesses, get your side of the story, and request any additional testing that may be necessary.

Protect your rights. Unfortunately, the “war on drugs” often leads to over-zealous police officers, over-stepping the bounds of the Constitution. When we represent you, we will fight to prevent the fruits of illegal searches and seizures and illegal questioning tactics from being used against you in court.

Negotiate with the State. It is very common for the State of Texas to enhance charges based on alleged crimes that did not actually happen. Pleading guilty to a drug charge can have devastating consequences. If you are facing an unreasonably severe penalty under the circumstances, we will fight hard to have those charges either reduced or eliminated.

Locate diversion programs. There are many ways to seek the help you need and stay out of jail, even if you are faced with criminal drug charges. Certain qualifying drug education, awareness, and treatment programs will help you get your life back on track and keep your criminal record clean. At Smith & Vinson Law Firm, if there is an avenue to take that will keep you out of jail, we will find it.

Drug charges are not reserved for hardened criminals. Anyone can be faced with a drug charge. If you have little to no experience with the criminal justice system, being arrested on a drug charge can be a terrifying experience. If you are facing drug charges, call Smith & Vinson Law Firm today. You need a defense lawyer who can counter the State of Texas’ aggression in the courtroom. Jarrod Smith and Brad Vinson are available 24/7. Let us begin fighting for you.

Austin Drug Crime Attorney

If you have been arrested or charged with a drug offense in Austin, Travis County, Williamson County, Hays County or any of the surrounding areas in Texas, contact Smith & Vinson Law Firm.

At Smith & Vinson Law Firm, we take your drug charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.

Contact our office today for a free initial consultation.

NOTE: This information is not legal advice. It is provided for educational use only. If you need legal advice regarding a criminal offense in the State of Texas, please contact Smith & Vinson Law Firm at 512-368-9044