Avoid A Conviction For Possession, Manufacturing, and Distribution Charges in Dallas & Tarrant County
If you have been charged with drug trafficking, drug possession, or another drug-related crime, your first goal should be to avoid a conviction.
Unlike many other states in the country, the penalties for drug crime convictions in Texas are severe! In recent years, and decades past, the Texas courts and judges have continued to come down hard on individuals charged with drug offenses in Dallas and Tarrant County. They are not going to let you go through the system without a fight. Even minors charged with possession are facing serious consequences and a potentially damaging criminal record.
Do not take a drug conviction lightly. Your freedom and future depends on it. With a skilled drug crime defense attorney on your case, the odds are back in your favor. The chances of a case dismissal or reduced charges increases exponentially.
This page covers everything you need to know about drug charge convictions, penalties, defense strategies, Texas drug laws, and how Tim Clancy can create a defense to help you avoid a conviction in the Dallas Criminal Justice System.
Experience And Reputation Matters In The Judicial System
Dallas Based Criminal Defense Attorney Tim Clancy is a premier Drug Crimes lawyer in the Dallas and Tarrant County courts, with decades of experience, and a track record of zealously defending clients against state and federal drug charges (drug manufacturing, and drug trafficking).
He has a deep familiarity with drug laws in Texas, local law enforcement, criminal justice system, judges and the prosecuting attorneys. He works tirelessly to ensure the best possible outcome for your case. He has hundreds of drug crime case wins ranging from outright dismissals to reduction of charges, and not guilty verdicts.
Want To Avoid The Consequences Of A Drug Charge? If you’re facing serious felony charges, you need attorney Tim Clancy on your case immediately. Schedule a FREE Confidential Consultation With Tim At (214) 550-5771.
Tim Represents Clients In Dallas, Texas & Federal Court
Tim has extensive experience defending against state, federal, misdemeanor and felony drug charges. Here are some of the drug crimes Tim can help you with:
- 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
He can defend against any other charges involving illegal, prescription, and controlled substances. Call now to book your free case evaluation with Tim Clancy Today. The consultation is always free, and you will walk away with answers and guidance.
Defense Strategies Tim Can Use To Defend You
Defense strategies for a drug change depend on the details of a case. However, the foundation of a defense strategy will always begin evidence, processes, witness statements, constitutional rights, and how the arrest was made.
Illegal Search & Seizure (Fourth Amendment Violations) : The Police have to follow the law when they conduct searches, and that includes having a search warrant. If they did not have probable cause, a valid search warrant, or your consent, the evidence they found can be thrown out of court. Illegal stops, searches, and home raids are can all be scrutinized to defend you.
Chain of Custody: A prosecutor is supposed to maintain a clear and documented chain of custody when handling drug evidence. When there are gaps, mishandling or signs of tampering, the evidence will be challenged and possibly thrown out. This can weaken the prosecutors case, and ultimately have the case dismissed or thrown out.
Lack Of Knowledge or Control Over the Drugs: A prosecutor has to prove you posessed the drugs knowingly. For example, if you were unaware they were in a car or home when it got searched, we can challenge intent and control. This can be further argued via DNA and fingerprint analysis on the evidence (drugs).
Entrapment & Law Enforcement Misconduct: The police are supposed to investigate criminal activity, but they are not allowed to threaten, pressure, bait or coerce a citizen into committing a crime. For example, if an undercover officer or informant set you up, we will argue entrapment in order to have the case thrown out.
Insufficient Evidence: The prosecutor has a responsibility of proving your guilt beyond a reasonable doubt. If their case is weak, such as no direct and obvious link between you and the drugs, witness statements are unreliable, lack of forensic proof, weak evidence, we will fight for a dismissal or reduction of charges against you.
Prescription Drug Defense: We have seen many clients charged with a drug crime, while having a valid prescription. We can defend these charges by presenting your medical records, and bring in experts to testify in order to defend you.
Lab Test & False Positive: Sometimes a substance is illegal, but upon further testing we find that the evidence (drugs) actually produced a false positive. We can use forensic labs to provide this, and if the states results were flawed or missing, we can challenge evidence to have the case dismissed or charged reduced.
Diversion Programs & Alternative Sentencing: Diversion programs, rehab, probation and other alternatives can be suggested as a consequence if you are a first time offender or low level drug charges.
Suppressing Statements & Miranda Violations: When a client is interrogated, but the officer did not read your rights, or a confession was coerced, the statement can become inadmissible in court. This is a constitutional right issue, and if violated, we will move to suppress these statements. Depending on the case, the outcome will vary.
As you can see, there are many defense strategies for defending drug charges. However, the experience, skill and knowledge of your attorney will dictate the effectiveness of your defense, or if the defense can even be realized.
Texas Drug 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.
Will You Get Probation For A Drug Charge in Dallas DFW Area?
If you have been charged with possession, distribution, manufacturing or trafficking of a controlled substance in Texas, the truth is you are facing serious penalties and heavy fines.
Some of these charges can lead to many years in prison or life in prison. However, with a strong defense, and in the right circumstances, your attorney will argue for alternative punishments to avoid prison time.
The result will be entirely dependent upon a multitude of factors, which include the crime you have been charged with, prior convictions, your attorneys knowledge and negotiating skills, including 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.
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 |
Schedule A Free Case Review With Drug Crimes Lawyer Tim Clancy
Tim Clancy uses his familiarity with the law, the court systems, and local law enforcement to create a defense for his clients. To discuss your legal matter in confidence, call Tim Clancy at (214) 550-5771. If you prefer, fill out the contact form and we will contact you.
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Tim Clancy defends anyone facing drug charges in DFW, 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 also represents individuals charged with a state or federal crime in and around Collin, Dallas, Denton, Ellis, Kaufman, Parker, Rockwall, Henderson and Tarrant counties.