Are you charged with a drug offense or drug trafficking in Houston? You need to start building your defense and contact a Houston criminal defense attorney to help you through this serious situation. Because of its location and proximity to Mexico, Texas has a lot of drug trafficking and possession cases. Drug cases can include illegal drugs and prescription drugs and increase in seriousness depending on the type of drug and the quantity of the drug that is found.
What are the different drug offenses in Texas?
- Drug Trafficking: Texas law defines drug-trafficking as knowingly selling, purchasing, manufacturing, delivering or bringing into this state, or being in actual or constructive possession of, a controlled substance.
- Drug Possession: You may be charged with drug possession if you had care, custody and control of an illegal drug. An experienced drug crime attorney will know how to attack the state's case on these issues. There may be several defenses to possession.
- Drug Smuggling: You may be charged with drug smuggling if you are accused of transporting any controlled substance into Texas illegally with the intent to either possess it or deliver it. It is a federal crime because it involves crossing state lines and therefore follows federal sentencing guidelines.
- Drug Possession with Intent to Distribute: You may be charged with with possession of a controlled substance with the intent to distribute if the prosecution can prove the drugs were intended to be sold. Examples of factors used to prove this element is storing controlled substances in small packages or even having phone numbers and schedules in the defendant's home.
Drug charges depend on:
- The type of drug: Charges of drug crime depend on the types of drug being possessed, sold, transferred, used or manufactured. For state drug crimes, the Texas Healthy and Safety Code Chapter 18 lists both drug crimes and corresponding penalties. Some of the most common drug charges include possession of marijuana, cocaine, crack, methamphetamines, crystal meth, PCP, heroin, ecstasy, and a variety of prescription drugs such as hydrocodone and xanax.
- The quantity of drugs: Charges of drug crimes depend on the quantity. For example if you possess less than 2 ounces marijuana, you may be charged with a misdemeanor.
- Criminal's history: Criminal's history is another important issue. If the court finds any evidence of crime in your record, your charges may be increased more.
- State or Federal Charges: Charges also depend on whether your case is filed in State or Federal courts.