Have you been arrested for drug trafficking in Collin County, TX? If convicted, you face a minimum of 2 years or up to life in prison. When you are facing one of the most serious drug offenses, you deserve a vigorous legal defense to protect your future and reputation.
Edgett Law Firm has represented clients facing drug offenses for over 22 years.
How Edgett Law Firm Can Help if You’re Arrested for Drug Trafficking in Collin County, TX
Drug trafficking is one of the most serious drug charges in Texas and may come with state and federal charges. Do not count on a sympathetic prosecutor. The state may choose to interpret evidence of possession as intent to distribute and pursue the harshest penalties available. When you are facing the potential of decades behind bars, you deserve a Collin County defense attorney prepared to fight tirelessly for you.
At Edgett Law Firm, our Collin County criminal defense attorneys have more than 20 years of experience defending clients against serious drug crimes. We have successfully handled over 5,000 cases with a reputation with local judges and prosecutors. Founding attorney Scott E. Edgett has been recognized as a Top 100 Trial Lawyer.
When you choose Edgett Law Firm to represent you in your Collin County, Texas trafficking case, count on us to:
- Conduct an investigation into your case to search for exculpatory evidence and procedural violations
- Determine if your constitutional rights were violated
- Work with experts in many fields to raise reasonable doubt or offer psychological insight
- Negotiate with the prosecution to seek a plea bargain or reduced charges when it is in your best interest
- Seek the suppression of evidence gathered illegally
- Present a persuasive case to a jury if your case goes to trial
Do not face a serious drug trafficking charge alone. Call the Edgett Law Firm today for a free case review with a Collin County drug trafficking defense attorney who can help you.
Overview of Drug Trafficking in Texas
Drug trafficking is one of the most serious types of drug offenses in Texas. Texas Health and Safety Code § 481.112 – 481.114 defines drug trafficking as manufacturing or delivering a controlled substance. Knowingly transporting, distributing, or possessing a controlled substance with the intent to distribute is considered trafficking.
It’s a common misconception that “trafficking” involves transporting controlled substances in some way. However, Texas law allows possession of a controlled substance to be elevated to a trafficking charge If the amount of the drug possessed is considered “unreasonable” for personal use, it can be charged as trafficking.
Other circumstantial evidence may also be used to support elevating drug possession to trafficking such as the presence of a variety of drugs, cash, or packaging materials.
You may face drug trafficking charges for the following types of behavior:
- Transporting. Knowingly transporting drugs in a vehicle to another location.
- Distribution. Knowingly distributing drugs to another person. This can involve handing the drugs to someone else to sell.
- Possession with Intent to Distribute. Knowingly possessing drugs with the intent to distribute them to someone else.
In Texas, a drug trafficking offense is always a felony. It may be a state jail felony, second-degree, first-degree, or even a life felony depending on the type and amount of drugs.
Drug trafficking is different from drug distribution in Texas. A drug distribution offense can be charged simply for having a large amount of controlled substances and cash. Drug trafficking is far more dependent on the amount of drugs found.
Federal Drug Trafficking Charges
Along with Texas drug charges, trafficking may result in federal drug trafficking charges. If your case is investigated by a federal agency like the DEA, you may be charged with a federal drug offense.
Trafficking can become a federal crime if it involves:
- Transporting drugs across state or national borders
- Money laundering
- Prescription fraud or Medicare fraud
- Arrest by federal law enforcement
- Association with a criminal organization
- Death outside Texas linked to trafficking
Federal trafficking offenses are far more serious than even Texas offenses. Even a first-time federal drug trafficking conviction carries a mandatory minimum sentence of five years. You may even face up to 40 years in federal prison depending on the amount and type of drug.
What Are the Penalties for Drug Trafficking in Collin County, Texas?
The penalties for a drug trafficking conviction depend on the type of drug, amount of the controlled substance, and prior criminal record. The Texas Controlled Substances Act categorizes drugs into four penalty groups.
The following are the penalty groups for controlled substances in Texas:
- Group I: Cocaine, methamphetamine, marijuana, opioids, oxycodone, methadone
- Group II: Ecstasy and amphetamine
- Group III: LSD, Valium, Xanax
- Group IV: Compounds or mixtures with certain amounts of controlled substances used for medical purposes
You face the following penalties depending on the penalty group and amount. Note that your penalties can be enhanced if the trafficking involved distribution to someone under 21 years or the presence of a child.
Group III or IV Drug Trafficking Penalties
Less than 28 grams is charged as a state jail penalty. You face up to 2 years in jail and a fine of up to $10,000. For amounts between 28 and 200 grams, you may be charged with a second-degree felony punishable by 2 to 20 years in prison.
Trafficking 200 to 400 grams of a Group III or IV controlled substance is a first-degree felony. It may be punishable by 5 to 99 years in prison. For amounts over 400 grams, the minimum penalty is increased to 10 years and the fine can be as high as $100,000.
Group I or II Drug Trafficking Penalties
Trafficking under one gram of a Group I or II controlled substance is a state jail felony punishable by up to 2 years in jail and a fine of up to $10,000. For amounts between 1 and 4 grams, it is a second-degree felony punishable by 2 to 20 years in prison.
Amounts between 4 and 400 grams (Group II) or 4 and 200 grams (Group I) is punishable by 5 to 99 years in prison. For amounts over 400 (Group II) or 200 to 400+ grams (Group I), it is a life felony punishable by 10-99 years or life in prison. The fine can be up to $100,000 or up to $250,000 for Group I drugs over 400 grams.
What Defenses Can Be Raised if I’m Accused of Drug Trafficking in Collin County, TX?
Drug trafficking is a serious offense that can be punished with a minimum of two years in jail or up to life in prison depending on the penalty group and amount of drug. When you are facing drug trafficking charges, it’s crucial to consult with experienced Collin County defense attorneys to begin working on your defense.
There may be several defense strategies available to you:
- Lack of knowledge. You have a defense if you were not aware that the controlled substance was in your possession.
- Mistake of fact. This defense alleges that the substance was not a controlled substance and/or may not have been intended for human use.
- Insufficient evidence to support the charge.
- Duress. This defense alleges you were threatened to possess the drugs under threat of harm.
Edgett Law Firm will investigate your case to determine if your rights were violated. If your constitutional rights were violated due to illegal search and seizure, coerced statements, or not allowing you access to legal counsel, we will seek to have evidence suppressed. We will also investigate the procedures used to gather evidence and whether law enforcement followed proper protocol or engaged in illegal conduct.
We will seek ways to reduce the charges you face or a dismissal. Depending on the evidence against you, we may seek a plea bargain to minimize the penalties you face.
Schedule a Free Case Evaluation with Our Collin County Drug Trafficking Lawyer
A drug trafficking conviction is life-changing. In addition to jail time and hefty fines, a drug offense on your criminal record can affect your ability to find gainful employment, own a firearm, obtain a professional license. It can even affect child custody. You deserve a robust legal defense to fight the charges you are facing.
Edgett Law Firm serves clients in Collin County and surrounding areas in the state of Texas. Contact our law office today for a free case review with a Collin County drug trafficking lawyer ready to help you.