Were You Charged With A Drug Case in Dallas TX?
If you have been charged with possession of illegal narcotics or prescription drugs, including minors in possession of illegal prescription drugs, you should retain an experienced criminal defense lawyer who has experience defending against state and federal drug charges. You do not want to hire an attorney that holds your hands through the process. Instead you want someone who will fight for the best possible outcome available.
Whether you’ve been charged with drug trafficking, drug possession, or another drug-related crime, your attorney needs to be able to build a strong defense to protect your freedom. Using his familiarity with local law enforcement, local and federal courts, judges and the prosecuting attorneys, Tim Clancy will work tirelessly to ensure the best possible outcome for your case.
Experience And Reputation Matters In Court
If you have been charged with possession of a controlled substance, manufacture, trafficking or intent to distribute you should retain an experienced Dallas criminal defense lawyer who has a track record of zealously defending clients against state and federal drug charges.
The Attorneys at Clancy & Clancy have decades of experience successfully defending people in the Dallas/Fort Worth area and throughout the entire state of Texas in drug possession charges and drug-trafficking offenses.
When you’re facing charges this serious, you need Clancy on your side. Call to schedule a confidential consultation with our criminal defense law firm at (214) 550-5771.
We Represent Clients In State & Federal Court
We have extensive experience defending against state, federal, misdemeanor and felony drug charges. The types of drug charges we defend clients against include:
- Drug Possession
- Drug Trafficking
- Drug Selling & Distribution
- Conspiracy to Commit Drug Crime
- Intent to Distribute Drugs
- Drug Manufacturing
- Prescription Drug Charges for Xanax, Adderall, Vicodin, etc.
- Heroin & Fentynyl
- Cocaine
- Marijuana
And we can defend against any other charges involving illegal, prescription, and controlled substances. Call now to book your free case evaluation with the defense lawyers at Clancy & Clancy Attorney at Law.
Texas Is Tough On Drugs
Remember that the penalties and punishment for drug crime convictions in Texas are severe! Texas courts and judges have been coming down hard on individuals charged with drug offenses in Dallas and Tarrant County. Even minors charged with possession are facing serious consequences and a potentially damaging criminal record.
Do not take these lightly. Your freedom and future depends upon it.
Texas Drug Crime Laws
Texas is notorious for drug-trafficking and other drug offenses because of its proximity to the international border of Mexico. As a result, the legislature and courts have taken steps to increase the enforcement of, and penalties for, drug offenses.
Texas may soon make low level, non-violent drug charges a misdemeanor rather than a felony. A poll conducted a few years ago showed that the majority of Texas residents were in favor of this, as well as rehabilitating drug offenders instead of incarcerating them. Learn more about the efforts in Texas sentence reform here: https://www.dfwcriminallawyer.com/poll-shows-residents-widely-support-sentencing-reform-texas/
Texas penal code prohibits any person from knowingly or intentionally:
- Possessing a listed chemical with the intent to unlawfully manufacture a controlled substance; or
- Possessing or distributing a listed chemical knowing or having reasonable cause to believe that it will be used to unlawfully manufacture a controlled substance
Any person who violates this statute may get charged with a felony. A drug case may range from a simple misdemeanor to a complex felony or a federal case. Most charges fall into the categories below.
Drug Possession: Drug possession can range anywhere from a class C misdemeanor for small amounts of marijuana to felony drug possession for controlled substances. For the prosecution to prove a person guilty, they must make the jury or judge believe that the accused had care, custody and control of the illegal or controlled drug. An experienced drug possession attorney like those at our firm will know how to attack the state’s case on this issue. There may be several defenses to possession.
Drug Smuggling: Drug smuggling is the act of transporting any controlled substance into Texas illegally with the intent to either distribute or possess it. Because drug smuggling often involves crossing state lines, it is a federal crime and follows federal sentencing guidelines.
Drug Possession with Intent to Distribute: Being charged with possession of a controlled substance with the intent to distribute increases the seriousness of any drug related charge. Several factors could lead to this charge, including storing controlled substances in small packages or even having a notepad with phone numbers and schedules in the defendant’s home.
Drug Manufacturing: The consequences of a conviction for manufacturing drugs or growing marijuana are some of the most severe of any drug crime punishment, which includes manufacturing methamphetamines, designer drugs like Molly, Ecstasy, Acid or even growing a small amount of marijuana. Read about new, tougher penalties for repeat drug manufacturing offenders.
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 or illegal drug. If you’re arrested for alleged trafficking controlled substances, or facing charges for distributing drugs, call a drug trafficking lawyer to start building your defense as soon as possible. Texas takes drug trafficking cases very seriously, so should you.
TEXAS CONTROLLED SUBSTANCES ACT SCHEDULES I – V
Texas has very little tolerance for drug crimes and anything related to a drug offense. Created in 1973, this act made possession, distribution and manufacturing of a controlled substance a crime in TX. Controlled substances per Schedule listed above can be found here.
There are 5 Schedules based on least to most damaging controlled substances. From addiction to abuse potential we have everything from heroin to cocaine and marijuana covered with the controlled substances act.
- Schedule I: These substances have a high potential for abuse, and do not have an accepted case for medical usage in Texas.
- Schedule II: These substance have a high potential for abuse and are categorized as having severe psychological and physically addictive properties. There are accepted medical use cases for this class of substance.
- Schedule III: These substances are lower on the scale of potential abuse, but can still cause physical dependance (low to high)
- Schedule IV: Even lower than the level below with lower level of physical reliance or psychological dependance.
- Schedule V: The lowest level on the list with the lowest potential for abuse, and thought to have limited psychological or physical dependance.
POSSESSION OF CONTROLLED SUBSTANCE GROUPS IN TEXAS
There are four groups of categorization and each has their own punishments. This is determined by the type of drug and the amount of that drug.
Texas law in Section 481.115 through 481.118 states that an individual is guilty of possession of a controlled substance if he or she knowingly or intentionally possesses any substance in any of the Penalty Groups labeled I through IV, while not having a legitimate prescription by a licensed professional.
Group 1 Substances
There is a Group 1a and it contains LSD, but it carries the same fines and penalties as all other substances in this group.
- Cocaine
- Ketamine
- Mescaline
- Methamphetamine (in any form)
- Codeine
- Hydrocodone
- Oxycodone
- Heroin
- Other opioids or derivatives
- Psilocybin (mushrooms)
- Other hallucinogens
| Amount | Possible Jail Time | Potential Fines |
|---|---|---|
| Under 400 grams | starting at 2 years in state jail | Fine of up to $10,000 |
| Above 400 grams | up to life in prison | Fine of up to $250,000 |
Group 2 Substances
There is a Group 1a and it contains LSD, but it carries the same fines and penalties as all other substances in this group.
- Ecstasy
- PCP
- Hashish
- Marijuana
- Synthetic marijuana
- Other cannabinol derivatives
| Amount | Possible Jail Time | Potential Fines |
|---|---|---|
| Less than 1 gram | starting at 2 years in state jail | |
| Above 400 grams | up to life in prison | Fine of up to $50,000 |
Group 3 Substances
There is a Group 1a and it contains LSD, but it carries the same fines and penalties as all other substances in this group.
- Anabolic steroids
- Ritalin
- Ambien
- Valium
- Xanax
- Other benzodiazepines
- Other sedatives
- Any substance that is not listed under group 1 with depressant or stimulant effects
| Amount | Possible Jail Time | Potential Fines |
|---|---|---|
| Less than 1 gram | starting at 1 years in state jail | A $4,000 fine |
| Above 200 grams | 20 year prison sentence | Fine of up to $10,000 |
Group 4 Substances
This group contains any opiate /opioid not listed in group 1 or 3. Also includes chemical compounds, prescription medicals with abuse potential, and formulas.
| Amount | Possible Jail Time | Potential Fines |
|---|---|---|
| Less than 1 gram | starting at 1 years in state jail | A $4,000 fine |
| Above 200 grams | 20 year prison sentence | Fine of up to $10,000 |
POSSESSION OF MARIJUANA IN TEXAS (Penalty Group 1)
| Amount | Type | Possible Jail Time | Potential Fines |
|---|---|---|---|
| 2 ounces or less | Class B Misdemeanor | Up to 180 days in county jail | Fine of up to $2,000 |
| 2 to 4 ounces | Class A Misdemeanor | Up to 1 year in county jail | Fine of up to $4,000 |
| 4 ounces to 5 lbs | State Jail Felony | 180 to 2 years in state jail | Fine of up to $10,000 |
| 5 lbs to 50 lbs | 3rd Degree Felony | 2 to 10 years in prison | Fine of up to $10,000 |
| 50 lbs ti 2,000 lbs | 2nd Degree Felony | 2 to 20 years in prison | Fine of up to $10,000 |
| Over 2,000 lbs | Enhanced 1st Degree Felony | 5 to 99 years in prison | Fine of up to $50,000 |
POSSESSION WITH THE INTENT TO DISTRIBUTE OR MANUFACTURE
If you have been caught with large amounts of controlled substance, cash or trying to sell a controlled substance, you might be charged with intent to distribute. The punishment and fines for this crime are harsher than possession. Depending on the controlled substance, you can face a variety of fines and punishment. It is imperative you find a qualified attorney that will fight for you and aggressively defend your case. Hiring the wrong attorney can cause you a life time of pain.
Section 481.112 of the Texas Controlled Substances Act clarifies that it is against the law for an individual to knowingly possess, deliver or manufacture any controlled substance with intent to distribute.
| Amount / Group | Type | Possible Jail Time | Potential Fines |
|---|---|---|---|
| 28 grams or less / III or V | State Jail Felony | Up to 2 years in county jail | Fine of up to $10,000 |
| 28 grams to 200 grams / III or IV | 2nd Degree Felony | 2 to 20 years in prison | Fine of up to $10,000 |
| 200 to 400 grams / III or IV | 1st Degree Felony | 5 to 99 years in state jail | Fine of up to $50,000 |
| 400 grams or more / III or IV | Enhanced 1st Degree Felony | 10 to 99 years in prison | Fine of up to $100,000 |
| 1 gram or less / I or II | State Jail Felony | Up to 2 years in county jail | Fine of up to $10,000 |
| 1 to 4 grams / I or II | 2nd Degree Felony | 2 to 20 years in prison | Fine of up to $10,000 |
| 4 to 200 grams / I | 1st Degree Felony | 5 to 99 years in state jail | Fine of up to $10,000 |
| 200 – 400 grams / II | Life felony | 10 to 99 years in prison | Fine of up to $100,000 |
| 400 grams or more / I orII | 2nd Degree Felony | 15 to 99 years in prison | Fine of up to $250,000 |
DRUG TRAFFICKING PUNISHMENTS & FINES IN TEXAS
The maximum incarceration (prison punishment) for trafficking drugs in the lone star state is 99 years. See comparison of punishments for trafficking a Schedule I level drug (state jail felony) vs. a Class V level drug (first degree felony).
| Drug Crime | Possible Jail Time | Potential Fines |
|---|---|---|
| State Jail Felony | 180 days to 2 years in state jail | Fine of up to $10,000 |
| 1st Degree Felony | 15 to 99 years in prison | Fine of up to $250,000 |
Possible Alternative Sentencing Options For Drug Charges in Dallas, TX
If you have been charged with possession, distribution, manufacturing or trafficking of a controlled substance in Texas, you are facing serious penalties and heavy fines. Some of these charges can lead to many years in prison or life in prison. With a strong defense, and in the right circumstances, your attorney can argue for alternative punishments to avoid prison time. This entirely depends upon what you have been charged with, prior convictions and many other variables.
- Probation : The courts can sentence the accused to probation for a period of time. Including drug testing, supervision, community service and whatever else the judge decides. If probation is violated, a prison sentence is awaiting the violator. You will know what that sentence is when you are placed on probation.
- Drug Court : If you are sentenced to drug court, you are sentenced to substance abuse counseling and treatment through the court systems. This usually entails regular meetings with probation officers, drug court officials, judge, regular drug tests and a schedule for treatment. Similar to probation, failure to complete drug court will end up in a prison sentence.
- Deferred Adjudications : The accused is placed on probation. Upon successful completion of probation the court will dismiss the charges.
- Court Ordered Treatment: This is normally for misdemeanor offenses. The accused is sent to long term in-patient treatment instead of of a fine or jail time.
- Work Release: If the courts sentence the accused to jail time, the courts can allow the accused to continue employment. The accused will have to return to jail at the end of every work shift.
- Community Service: The judge can order a person to community service instead of jail time. Other punishments can also be accompanies with community service, such as jail time, fines, probation and etc.
Contact a Dallas Drug Crimes Defense Lawyer
Tim Clancy uses his familiarity with local law enforcement to defend their clients. If you are facing drug charges and need an experienced drug crimes lawyer; we can help.
For additional information about our firm, or to discuss your legal matter in confidence with experienced defense counsel, call Tim Clancy at (214) 550-5771. If you prefer, fill out the contact form in the left margin and we will contact you.
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Tim Clancy Attorneys at Law defend people in Dallas, Fort Worth, Arlington, Plano, Garland, Grand Prairie, Mansfield, Mesquite, Irving, Oak Cliff, University Park, Highland Park, Frisco, Allen, McKinney, Flower Mound, Southlake, Keller, Grapevine and Lewisville. Tim Clancy represents individuals charged with a state or federal crime in and around Collin, Dallas, Denton, Ellis, Kaufman, Parker, Rockwall, Henderson and Tarrant Counties.
Located in McKinney Place in Dallas, Texas, Tim Clancy Attorneys at Law defend individuals in Prescription Drug Charge defense throughout North Texas, including individuals throughout the communities in and around the Dallas – Fort Worth Metroplex, such as Dallas, Fort Worth, Arlington, Plano, Garland, Grand Prairie, Mansfield, Mesquite, Irving, Oak Cliff, University Park, Highland Park, Frisco, Allen, McKinney, Flower Mound, Southlake, Keller, Grapevine and Lewisville. Tim Clancy represents individuals charged with a state or federal crime in and around Collin, Dallas, Denton, Ellis, Kaufman, Parker, Rockwall, Henderson and Tarrant Counties.