Abilene Drug Crimes Defense Lawyer

Aggressive & Affordable Criminal Defense

If law enforcement arrested you or a loved one for a drug crime in Abilene, it can seem like the cards are stacked against you. In many cases, they probably are. You need an experienced Abilene drug crimes defense lawyer with the skills and resources to help you prove your innocence and obtain the best possible outcome.

The Law Offices of David M. White provides aggressive criminal defense for clients throughout west Texas accused of any drug offense, from simple possession to distribution cases. We put our knowledge, experience, and trial skills to work to protect our clients' rights and pursue their interests. We work efficiently to help you get positive results as cost-effectively as possible.

Contact our San Angelo and Abilene drug crime lawyer today at 325-437-3311.

Arrests for Drug Crimes in the U.S.

More arrests are made every year for drug violations than for any other crime in the U.S. According to the latest drug report from the Texas Department of Public Safety, authorities arrested 88,651 people for selling or possessing illegal drugs and controlled substances.

Although these numbers represent a more than 30% decrease from drug-related arrests the previous year, too many drug arrests occur. We know that, often, our clients were simply in the wrong place at the wrong time. We aggressively defend those arrested on suspicion of drug manufacturing, trafficking, or possession of a controlled substance, such as marijuana, methamphetamines, cocaine, or prescription drugs.

We thoroughly investigate all the factors in cases by:

• Examining the chain of evidence.
• Reviewing police procedure to determine whether you were informed of your rights or if other constitutional rights were violated.
• Filing motions to suppress any evidence obtained through illegal search and seizure.
• We always strive to negotiate the best possible outcome that protects your rights and pursues your interests. If necessary, we will defend those rights and interests in court.

What's the Legal Process if I'm Arrested for Illegal Drugs in Texas?

If you're arrested for illegal drug possession in Texas, the legal process generally follows these steps:

1. Arrest & Booking

• Law enforcement officers will arrest you if they have probable cause or a warrant.
• You'll be taken to jail for booking, where they'll record your personal information, take fingerprints, and photograph you.

2. Magistrate Hearing & Bail

• Within 48 hours, you'll see a magistrate judge, who informs you of the charges.
• Bail may be set, allowing release until trial if you pay the required amount or secure a bail bond.

3. Arraignment

• You'll formally hear the charges and enter a plea: guilty, not guilty, or no contest.
• If you plead guilty, sentencing may follow.
• If you plead not guilty, the case moves forward.

4. Pre-Trial Proceedings

• Discovery: Both sides exchange evidence.
• Motions: Your attorney may file motions to suppress evidence (e.g., if drugs were obtained unlawfully).
• Plea Bargaining: Prosecutors may offer a deal to plead guilty for a lesser sentence.

5. Trial (if no plea deal is reached)

• Jury Selection: If it's a jury trial, a panel is chosen.
• Prosecution & Defense Present Cases: Evidence, witness testimonies, and arguments are presented.
• Verdict: The jury decides guilty or not guilty.

6. Sentencing (if found guilty)

• The judge determines penalties based on Texas drug laws, prior offenses, and case details.
• Sentences may include fines, probation, mandatory drug treatment, or jail/prison time.

7. Appeals (if applicable)

If convicted, you may appeal based on legal errors or constitutional violations.

Our drug crimes defense attorney will walk you through the process and protect your rights and interests each step of the way.

What are the Penalties for Drug Crimes?

In the state of Texas, being convicted of a drug crime can lead to severe penalties. These penalties include lengthy prison sentences, hefty fines, probation and more. The penalties for drug crimes in Texas vary depending on the type and quantity of the drug and the nature of the offense:

• Type & Amount of Drug: Texas categorizes drugs into penalty groups (e.g., marijuana vs. methamphetamine).
• Intent: Simple possession vs. possession with intent to distribute.
• Prior Criminal Record: Repeat offenses carry harsher penalties.
• Location: Drug offenses near schools or playgrounds may increase penalties.

Texas has some of the strictest drug laws in the U.S., with penalties ranging from fines to life imprisonment. Below is a general breakdown:

Drug Possession Penalties

Penalties for possession depend on the drug's classification under the Texas Controlled Substances Act, which divides drugs into different penalty groups.

Penalty Group 1 (e.g., Cocaine, Heroin, Methamphetamine, LSD)

• Less than 1 gram: State jail felony (180 days - 2 years in state jail, up to $10,000 fine)
• 1 - 4 grams: 3rd-degree felony (2 - 10 years, up to $10,000 fine)
• 4 - 200 grams: 2nd-degree felony (2 - 20 years, up to $10,000 fine)
• 200 - 400 grams: 1st-degree felony (5 - 99 years, up to $10,000 fine)
• Over 400 grams: Enhanced 1st-degree felony (10 - 99 years or life, up to $100,000 fine)

Penalty Group 2 (e.g., Ecstasy, PCP, Mescaline)

• Less than 1 gram: State jail felony
• 1 - 4 grams: 3rd-degree felony
• 4 - 400 grams: 2nd-degree felony
• Over 400 grams: 1st-degree felony (up to life imprisonment)

Penalty Group 3 & 4 (e.g., Valium, Xanax, Hydrocodone, Codeine)

• Less than 28 grams: Class A misdemeanor (up to 1 year in jail, $4,000 fine)
• 28 - 200 grams: 3rd-degree felony
• 200 - 400 grams: 2nd-degree felony
• Over 400 grams: 1st-degree felony

Drug Distribution or Manufacture Penalties

Selling or manufacturing controlled substances carries harsher penalties than possession.

• Delivery of less than 1 gram (Penalty Group 1): State jail felony
• 1 - 4 grams: 2nd-degree felony
• 4 - 200 grams: 1st-degree felony
• Over 400 grams: 10 - 99 years or life, up to $250,000 fine

Enhanced penalties apply if the sale occurs:

• In a drug-free zone (e.g., schools, playgrounds)
• To a minor
• With the use of a weapon

Marijuana Laws in Texas

Though some cities have decriminalized small amounts of marijuana, it remains illegal statewide.

• Possession under 2 ounces: Class B misdemeanor (up to 180 days in jail, $2,000 fine)
• 2 - 4 ounces: Class A misdemeanor
• 4 ounces - 5 pounds: State jail felony
• More than 5 pounds: Felony charges increasing with weight, up to life imprisonment

Selling Marijuana

• 7 grams or less (no money exchanged): Class B misdemeanor
• 7 grams or less (with money): Class A misdemeanor
• More than 5 pounds: Felony charges apply

Prescription Drug Fraud

Illegally obtaining prescription drugs (forging prescriptions, doctor shopping) is generally a felony, depending on the drug and amount.

Drug Paraphernalia

Possession of items like pipes, syringes, or scales can result in:

• Class C misdemeanor (up to $500 fine)
• If selling to a minor: Class A misdemeanor (up to 1 year in jail, $4,000 fine)

Federal Drug Crimes

If a drug offense involves large quantities, interstate transport, or federal agencies, the case may go to federal court, where penalties are even more severe.

We understand a conviction could have the potential to dramatically impact your freedom, both now and in the future. Our Texas drug crime lawyers does what it takes to get your charges reduced or dismissed whenever possible.

What Are Possible Defense Strategies for Drug Crimes in Texas?

If you're facing drug crime charges in Texas, several defense strategies may be available depending on the circumstances of your case. Here are some common defenses:

• Lack of Possession: You must have had actual or constructive possession of the drugs to be convicted. If the drugs were not on you or under your control, your attorney can argue that they did not belong to you.
• Illegal Search and Seizure (Fourth Amendment Violation): If law enforcement obtained evidence without a valid search warrant, conducted an unlawful traffic stop, or performed an illegal search, the evidence could be suppressed.
• Lack of Knowledge: If you were unaware that drugs were in your possession (e.g., someone else left them in your car or home), this may be a valid defense.
• Mistaken Identity or False Accusation: If you were misidentified or falsely accused, your attorney can challenge the credibility of witnesses and present evidence proving your innocence.
• Chain of Custody Issues: If the prosecution cannot prove a clear and proper chain of custody for the alleged drugs, the evidence may be unreliable and inadmissible in court.
• Crime Lab Analysis Challenges: The substance in question must be properly tested and proven to be an illegal drug. If there are errors in the crime lab analysis, this could be a defense.
• Entrapment: If law enforcement officers pressured or tricked you into committing a drug crime that you would not have otherwise committed, you might have a defense based on entrapment.
• Medical Necessity or Prescription Defense: If you have a valid prescription for a controlled substance, or if medical necessity can be demonstrated, this could serve as a defense.
• Constitutional Violations: Any violation of your constitutional rights, such as failure to read your Miranda rights, can lead to evidence being thrown out.
• Coerced Confession: If law enforcement used intimidation, threats, or coercion to get a confession, that statement might be inadmissible in court.

Each case is unique, and the best defense strategy depends on the specific facts of your case. A skilled Texas criminal defense attorney from our firm can evaluate your situation and build the strongest defense possible. 

Contact Our San Angelo & Abilene Criminal Defense Lawyer for a Free Consultation

If you have been arrested for an alleged drug crime, don’t talk to anyone before talking to us. Contact the Law Offices of David M. White online today, or call 325-437-3311 to schedule a free consultation. We accept all major credit cards and offer payment plans. We also offer evening and weekend appointments upon request.