What about marijuana specifically?

Marijuana has its own ladder. Under two ounces is a Class B misdemeanor, two to four ounces a Class A, four ounces to five pounds a state jail felony, and five to 50 pounds a third-degree felony. Note that this ladder applies to the plant material itself — concentrates and edibles are treated differently and far more harshly.

Is diversion or treatment an option instead of conviction?

Sometimes, particularly on a first offense and at the lower weight tiers. Depending on the charge and your history the available routes include pretrial diversion, deferred adjudication with conditions, and treatment-based supervision. Whether any of them is on the table is a function of the specific charge, the county, and the court — which is why the charge level matters so much at the outset.

Can I be charged if the drugs were not mine?

You can be charged, and the State then has to prove you knowingly exercised care, custody, control or management over the substance. Mere proximity is not enough on its own — prosecutors rely on affirmative links such as the drugs being in plain view, within your reach, in your own property, or accompanied by your statements. Those links are frequently arguable, particularly in a shared car or residence.

Collin County Drug Crimes Lawyer

Have you been arrested for a drug crime in Collin County, Texas? Any drug conviction can have serious ramifications. In addition to a possible jail sentence, you face damage to your reputation, the potential loss of your job and professional license, and hefty fines.

You do not need to face these charges alone. An experienced Collin County drug crimes lawyer at the Edgett Law Firm will help you defend yourself against the charges you face and fight for your freedom. Contact our office to schedule a free case review to discuss your legal options.

How Edgett Law Firm Can Help When You’re Facing Drug Charges In Collin County

Drug crimes come with very stiff penalties in Texas. Even non-violent offenders, including those struggling with addiction, face unsympathetic prosecutors and law enforcement who seek maximum penalties. When you are arrested for a drug crime, you deserve a Collin County defense lawyer who will fight for you and give you the best legal representation possible.

The criminal defense attorneys at the Edgett Law Firm have over a decade of experience representing Collin County residents accused of serious drug crimes. We deliver a zealous defense with more than 5,000 cases successfully handled. Let us put our 24 years of combined experience to work for you.

When you hire the Edgett Law Firm to represent you, we will:

Conduct a thorough investigation of your case to locate exculpatory evidence and build the strongest defense possible
Pursue any weaknesses in the case against you
Protect your constitutional rights at every step
Negotiate with the prosecuting attorney to seek a dismissal of your case, reduction of the charges, or a satisfactory plea bargain
Present your defense before a jury if your case goes to trial

An aggressive defense is the best way to protect your future and your freedom. Contact the Edgett Law Firm today to schedule a free consultation with a Collin County criminal defense lawyer who will fight for you and help you defend yourself.

Common Types Of Drug Crimes In Collin County, Texas

The drug crimes defense lawyers at the Edgett Law Firm represent clients charged with all types of drug offenses in Texas. The following are the most common types of drug offenses in Collin County.

Drug Possession

This common drug offense is charged when someone is found in possession of a controlled substance without a medical prescription with the intent for personal use. Possession can be charged if a controlled substance is found under your control or on your person.

Possession of a controlled substance is a misdemeanor or a felony, depending on the amount and type of substance and other factors, such as whether children were involved.

Possession Of Paraphernalia

Simply possessing drug paraphernalia is considered a drug offense in Texas, even if a controlled substance is not found. Drug paraphernalia can refer to any object or tool used to store, test, grow, weigh, use, or manufacture a controlled substance, such as needles, grinders, scales, or rolling papers.

In most cases, drug paraphernalia is a Class C misdemeanor, which is punishable by license suspension but no jail time. Delivering or attempting to deliver drug paraphernalia is a Class A misdemeanor.

Defenses to possession of drug paraphernalia include authorized use (such as needles possessed by a diabetic who uses insulin) or unwitting possession.

Drug Possession With Intent To Distribute

If law enforcement or the prosecuting attorney believes that drugs were possessed with an intent to distribute or sell, the penalties are stiffer than for possession alone.

Drug possession can be upgraded to a more serious intent to distribute charge depending on factors like:

Messages found on the suspect’s phone
Prior drug offenses
Drugs that are found with a large amount of cash
A variety of drugs were found
Possession of paraphernalia such as scales
The amount of drugs found

If convicted of possession with intent to distribute, you may face life in prison. There are many defenses to intent to distribute, however, as these cases are frequently built on circumstantial evidence. Your Collin County drug defense lawyer will work to have your charges reduced or seek an acquittal.

Marijuana Offenses

Under Texas law, marijuana-related offenses are separate from offenses for controlled substances. While marijuana offenses do not usually have as harsh punishments, a conviction can still affect your life as a drug offense.

Marijuana possession is the most common offense in Collin County, and it may be a misdemeanor or a felony, depending on the amount. Possession of under two ounces of marijuana is a Class B misdemeanor. Possession of 5 to 49 pounds is a third-degree felony.

Drug Trafficking

Knowingly transporting, manufacturing, or delivering a controlled substance in Collin County, TX, can result in a trafficking charge. Drug trafficking is more serious than drug possession, but it can be charged even if you are not alleged to have distributed or transported a controlled substance. Drug possession or even possession of paraphernalia can be upgraded to trafficking if there is a large amount of cash found, several types of drugs, or a large amount of a single drug.

Drug Manufacturing

Drug manufacturing is almost always a very serious offense. Depending on the type of illegal drug, quantity found, how it was cultivated or manufactured, and whether you have a criminal record, you may be charged with a state jail felony up to a first-degree felony.

Federal Drug Charges

In addition to state drug charges, you may also be charged with a federal drug offense after an arrest in Collin County. Federal drug charges under the Controlled Substances Act are almost always more severely punished than similar state charges, and they are tried through a separate federal criminal process. Common federal charges involve organized crime, drug offenses crossing state lines, drug manufacturing, and distribution.

Penalties For Drug Crimes In Texas

The penalties for a drug conviction in Collin County depend on the classification of the drug (or “penalty group”), the number of drugs, the alleged conduct, whether a child was involved, and several other factors.

The penalty group is one of the most important factors to understand. Texas groups illicit drugs into several classifications:

Penalty group 1 includes LSD, ketamine, cocaine, heroin, and opioids. This classification carries the highest penalties.
Penalty group 2 includes psilocybin, DMT, and some depressants and stimulants
Penalty group 3 includes Xanax, Ritalin, peyote, and some compounds with narcotics
Penalty group 4 includes certain compounds with a limited amount of narcotics

Marijuana offenses are treated under a separate system from a controlled substance.

In addition to the type of drug, the amount of weight is also considered to determine a penalty for conviction.

If you are convicted of cocaine possession, for example, you may face:

First-degree felony for more than 200 to 400+ grams. This is punishable by 5-99 years or life in prison.
Second-degree felony for 4 to 199 grams. This is punishable by 2 to 20 years in prison.
Third-degree felony for 1 to 4 grams. This is punishable by 2 to 10 years in prison.
State jail felony for less than 1 gram. This is punishable by 180 days to 2 years in prison.

Depending on the drug, it can be very easy to find your charge upgraded to a higher felony class. The amount of the drug found can even be used to support upgrading a charge from possession to intent to distribute with even harsher penalties.

While many drug offenses in Texas are felonies, some drug crimes are considered misdemeanors. Marijuana possession is generally a Class A or Class B misdemeanor for possession of less than 4 ounces.

Defenses To Drug Charges In Collin County

Depending on the charge and circumstances in your case, you may have many possible defenses to a drug charge in Collin County. Our Collin County drug crimes lawyers will investigate your case to build the strongest viable defense.

Depending on the circumstances, your defense may be built around:

Entrapment by law enforcement
An illegal search and seizure
Evidence obtained illegally due to a violation of your Fourth Amendment rights
Challenges to the claim the controlled substance was in your control or belonged to you
Insufficient proof the substance was an illegal drug
Chain of custody issues

There are many ways to defend yourself against a drug charge with the help of an experienced Collin County drug charge defense lawyer.

Schedule A Free Consultation With A Collin County Drug Crimes Lawyer

A drug conviction can affect you for the rest of your life. When your freedom is on the line, you deserve the best legal representation possible to fight the charges against you. At the Edgett Law Firm, we are here to help.

Contact our law office to schedule a free consultation with a Collin County drug crimes lawyer who will fight for you.

Common questions

By two things: which penalty group the substance falls in under Health and Safety Code chapter 481, and how much of it there was by weight, including adulterants. For Penalty Group 1 substances such as cocaine, heroin or methamphetamine, under one gram is a state jail felony, one to four grams a third-degree felony, four to 200 grams a second-degree, and above that a first-degree carrying up to 99 years.