Drug charges are intimidating and complicated. Many people facing charges don’t know the difference between possession, distribution, trafficking, and manufacturing.
A skilled and experienced Abilene drug defense lawyer in Texas will explain your drug charges, build a strong defense, and protect your rights as you navigate the challenging and confusing legal process.
The Law Offices of David M. White provide comprehensive and dependable defenses for our Texas clients facing drug possession charges. Call our team today at (325) 437-3311 to schedule your free initial consultation with a trusted member of our team.
What Do I Do If I Face Drug Charges?
An arrest on drug charges leaves most people feeling distraught, frustrated, and overwhelmed. They don’t know how to defend themselves against these severe and life-altering charges.
Take the proper steps after a drug crime arrest to protect your rights and strengthen your defense.
Do Not Accept the Initial Offer
The prosecution team will often intimidate defendants into thinking they need to plead guilty and accept the initial offer from their team. Doing so could put you at a legal disadvantage and increase your penalties.
Work With an Attorney
Hire an attorney immediately after a drug crime arrest.
Working with a diligent and unyielding legal team will strengthen your defense case and protect your rights during this challenging and complex time.
Penalty Groups of Controlled Substances
When facing a drug charge, your lawyer can explain the penalties associated with the drugs in question.
The Texas Controlled Substances Act classifies illegal drugs into four Penalty Groups. Group 1 substances carry the heaviest criminal charges, with Group 4 drugs carrying less severe charges.
Penalty Group 1 and 1-A
The classification of Penalty Group 1 includes fentanyl, methamphetamine, cocaine, and heroin. LSD is an example of a Group 1-A substance.
Penalty Group 2 and 2-A
Substances included in Penalty Group 2 are psilocybin, mescaline, codeine, amphetamine, and cannabinol derivatives (with the exclusion of marijuana). Group 2-A includes synthetic marijuana.
Penalty Group 3
Penalty Group 3 includes substances such as peyote, salvia, diazepam, alprazolam, lorazepam, and temazepam.
Penalty Group 4
Mixtures or compounds that contain limited quantities of codeine, opium, and ethylmorphine are all examples of substances included in Penalty Group 4.
Should I Work With a Lawyer for My Drug Charges?
People often feel worried, distressed, and confused after authorities charge them with a drug crime. They worry how the charges will harm them and don’t know how to protect themselves.
Attempting to navigate the legal field of your drug crime charge without the professional help of a skilled drug possession defense lawyer can overwhelm and confuse anyone.
People who try to manage their drug charges alone often weaken their defense and put themselves in a precarious legal situation that could damage their future.
Hire a knowledgeable and well-respected drug possession lawyer to protect your rights and strengthen your case.
Working with an assertive and reliable drug possession defense lawyer can help you avoid the prosecution’s strategic tactics.
Your trusted legal team will thoroughly examine all areas of your defense, including:
- Defining any charges of possession - Defining the possession charges you face will help strengthen your defense, whether the drugs were found in your pocket, backpack, home, or car. When an illegal drug is found in a shared space, an assertive attorney can help prove that the defendant had no knowledge of the drug’s existence in that space.
- Determine any potential constitutional violations - Law enforcement may have performed an unlawful search and seizure in your case. A thorough criminal defense attorney will examine the events surrounding your arrest and determine if law enforcement mishandled the situation.
- Establish legal possession - In some cases, a person charged with illegal possession of a controlled substance is, in fact, legally able to be in control of that drug. An assertive criminal defense attorney will help prove the validity of your prescription for the substance in question.
Your diligent and well-versed legal team will advocate and negotiate on your behalf to reduce the legal repercussions associated with your drug crime charge, including:
- The length of any proposed probation
- The length of any proposed confinement time
- The number of fines and community service
- The length of the required drug treatment plan
If you or your loved one face drug possession charges in Texas, contact our team today for your case evaluation.
Types of Drug Charges: Possession, Distribution, Trafficking, and Manufacturing
Possession
According to data published by the Texas Department of Public Safety, most drug arrests in Texas are for possession of illegal drugs (versus the sale of these substances).
Drug possession means that the person accused has knowing care, control, or custody over a controlled substance. Drug possession charges exclude controlled substances for which a person has a valid prescription in their name.
When charged with drug possession, the person possesses the controlled substance for personal use and does not intend to sell or distribute it to others.
The possession of a drug is identified under various classifications.
Actual Possession
Actual possession applies when illegal drugs are discovered by law enforcement either directly or immediately within a person’s possession.
This type of possession commonly applies when law enforcement finds drugs in a person’s hand or pocket.
Constructive Possession
Constructive possession occurs when a person has actual control of a drug and not necessarily physical control or actual possession. This possession usually applies when law enforcement discovers illegal drugs in a shared space and believes the person being charged is aware of the drug’s presence.
Examples of constructive possession include when law enforcement finds illegal substances in a shared home, a shared car, or other shared space.
Possession of Marijuana
In Texas, being charged with possession of marijuana carries its own set of repercussions outside of the four Penalty Groups.
The Texas Controlled Substances Act outlines increasing degrees of penalties associated with the possession of marijuana depending on the amount of the substance found in a person’s possession.
Penalties for possession of marijuana can range from a Class B misdemeanor, a Class A misdemeanor, a state jail felony, and a felony of either the third, second, or first degree.
Distribution
The main difference between possession of an illegal substance versus intent to distribute is whether law enforcement believes the person wants to sell or distribute it to others.
The most common factor in determining whether a person intends to distribute is the quantity of the substance found. If a person possesses more of a controlled substance than what they reasonably could use for personal consumption, then the person will most likely face intent to distribute charges.
Additional factors that could lead to an intent to distribute charge include the presence of:
- Packaging material, usually in the form of small plastic bags and scales
- Large amounts of money
- Drug paraphernalia
- Evidence of communication from customers, like text messages, witnesses, or phone call logs
While the ratio of drug abuse arrests for intent to distribute is much lower in Texas than the rate of drug possession arrests, intent to distribute charges often carry much more severe penalties.
Trafficking
Drug trafficking and transportation both entail the movement of quantities of an illegal substance or substances. The major difference between the two charges is the amount of product moved.
Law enforcement can charge a person with drug trafficking when large quantities of an illegal substance are moved to distribute or sell. Drug trafficking charges carry more severe penalties than drug transportation.
Manufacturing
Drug manufacturing or production charges are brought about if law enforcement catches a person manufacturing, producing, or processing illegal substances. The cultivation of illegal substance plants, like marijuana or psilocybin mushrooms, also falls into this category.
Why Choose the Law Offices of David M. White
At the Law Offices of David M. White, our dedicated team is well-versed in helping fellow Texans with their criminal defense cases.
Our team relentlessly works on our clients’ cases to bring them the best results possible, easing the stress that they and their loved ones experience during challenging times.
We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case.
At the Law Offices of David M. White, we pride ourselves on our ability to provide free initial consultations for all of our clients, serve our Spanish-speaking community with our bilingual staff, understand and empathize with the importance of your case while we provide our legal help, and deliver top-notch service to our clients while keeping their well-being front of mind throughout their case.
Many clients express their appreciation for our help with their cases.
- Cheyenne needed help with a general warranty deed and could not get any of the other local law offices to return her calls. Our team returned her call within an hour of her reaching out to us for help, and we resolved her issue within a matter of days. She expressed how happy she was with our services.
- Heather exclaimed how wonderful our service and staff were in helping her resolve her traffic ticket issues. She appreciated our upbeat nature, excellent communication, well-versed knowledge of the subject matter, and our ability to provide a personal touch with our services.
- Dillon was grateful for how available our team was to answer all of his questions and respond promptly to his emails. He felt his case was safe in our hands and was pleased with how we fought for justice in it. Dillon appreciated how personable we were with him during his case and our comprehension of the legal court system.
Work With a Reliable Drug Possession Defense Attorney
Being arrested and charged with a drug crime leaves most people feeling worried, frustrated, and overwhelmed. They are often unsure of what to do to protect their future.
Working with a reliable Abilene personal injury attorney will protect your rights while strengthening the defense for your case.
Our distinguished attorneys at the Law Offices of David M. White are passionate about helping our local Texas community with their drug defense cases.
We will work relentlessly on your case to bring you the best results possible, lightening the stress on you and your loved ones during your challenging times.
Our West Texas law offices are conveniently located in
- Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
- San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop
Call the Law Offices of David M. White today at (325) 437-3311 for your initial consultation. Let us manage the burden of your criminal defense.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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