Have you been arrested and charged with a drug offense in Frisco, TX? A drug conviction can affect you for the rest of your life. Beyond possible jail time, your reputation can be damaged, you may struggle to find gainful employment, and you may be hit with hefty financial penalties.
With the Edgett Law Firm, you do not have to face these serious charges alone. An experienced Frisco drug crimes lawyer will guide you through every stage of the criminal justice process with sound legal advice.
Call our law office today to schedule a free consultation to review your best legal options.
How Our Criminal Defense Lawyers Can Help When You’re Facing a Drug Charge in Frisco
Most drug offenses in Frisco are felonies, even when fairly small amounts of controlled substances are found. Sadly, prosecutors and law enforcement are unsympathetic to drug users and their families, even in cases involving non-violent offenses and addiction.
When you are facing a drug charge, you deserve an experienced Frisco criminal defense attorney who will give you sound legal representation and fight for your freedom.
The criminal defense attorneys of the Edgett Law Firm have been representing Frisco residents in criminal matters for more than a decade. We are committed to giving you the vigorous legal defense you deserve with more than 5,000 criminal cases handled successfully. You can count on our Frisco defense attorneys to put their 22 years of combined legal experience to work on your case.
Choose the Edgett Law Firm and trust us to:
- Answer any questions you have and guide you through the complex criminal justice system
- Conduct an investigation into your case to build a strong defense and find exculpatory evidence
- Search for weaknesses in the prosecution’s case against you, such as violations of your rights or conflicting statements
- Negotiate with the prosecuting attorney and seek to have your charges dismissed or reduced or reach a satisfactory plea deal
- Represent you in court if your case goes to trial
With your freedom on the line, you deserve a sound legal defense. Drug offenses in Frisco are taken seriously by the prosecution, and our defense lawyers will take your defense just as seriously. Contact our law office today to schedule a free case review with a Frisco drug crime defense lawyer who can help you.
Common Drug Crimes in Frisco, TX
There are many drug offenses in Texas, although virtually all of them are considered very serious. Texas takes drug crimes very seriously, and even simple possession of a small amount of a controlled substance for personal use can result in lengthy jail time.
In 2018, the drug abuse arrest rate for Texas was 517.2 arrests per 100,000 people. This includes all narcotic drug law violations, including unlawful possession and manufacturing.
The following are the most common drug charges our criminal defense attorneys in Frisco see on a regular basis.
Possession of a Controlled Substance
Under Texas law, possession of a controlled substance can be charged when someone is found to be in possession or control of a controlled substance with the intent for personal use without a prescription. This may be a misdemeanor or felony based on the type and amount of substance and factors like whether children were present.
In 2018, there were 125,754 people arrested in Texas for drug possession. Exactly half of these arrests involved marijuana, which is treated differently than controlled substances. 18% of arrests involved cocaine or opium, 9.5% involved synthetic narcotics, and 22% of arrests were for other drugs.
Marijuana offenses are not treated as severely as charges involving controlled substances, but a marijuana conviction can still be life-changing and come with jail time. The most common marijuana-related offense in Frisco is simple possession which is a misdemeanor or felony depending on the amount.
Possession of Drug Paraphernalia
It is a crime in Texas to possess drug paraphernalia. This common Frisco drug offense may be charged even without the presence of a controlled substance. Paraphernalia may refer to tools or objects used to manufacture, use, weigh, test, store, or grow a controlled substance such as scales, needles, or pipes.
Possession of drug paraphernalia is usually a Class C misdemeanor which is not punishable by jail time. Attempting to deliver drug paraphernalia to someone else is a Class A misdemeanor.
There are two strong defenses to this offense: authorized use and unwitting possession.
Possession with Intent to Distribute
Drug possession can be upgraded to the much more serious charge of intent to distribute if prosecutors or law enforcement believe there was intent.
Allegations of intent might be based on:
- Amount of drugs
- Variety of drugs
- A large amount of cash found with drugs
- Prior drug convictions
- Text messages
Conviction of possession with intent to distribute may be punishable by up to life in prison. However, these cases are often built on circumstantial evidence and theory. An experienced Frisco drug defense lawyer will seek to have your charge reduced.
Among drug sale and manufacturing arrests in 2018, 58% of arrests involved synthetic narcotics compared to 17% for opium and cocaine, 12% for marijuana, and 12% for other drugs.
Manufacturing a controlled substance is one of the most serious drug offenses. Depending on the type of drug and the amount, drug manufacturing may be a second-degree, first-degree, or enhanced first-degree felony punishable by up to 99 years or life in prison.
Drug manufacturing in Frisco is defined as the conversion, preparation, compounding, production, processing, or propagation of any controlled substance. Packing or repackaging a controlled substance or even labeling a container can be considered drug manufacturing.
Drug trafficking can refer to transporting, delivering, or even manufacturing a controlled substance. This type of drug offense is considered much more serious than drug possession. You do not need to be accused or transporting or even distributing a controlled substance to face a trafficking charge. Depending on the amount of cash, types of drugs, or amount of drugs, possession can be upgraded to a trafficking charge.
Federal Drug Offenses
A drug offense in Frisco may result in something far worse than prosecution by the state: you may be charged with a federal crime. Federal drug crimes under the federal Controlled Substances Act are punished much more harshly than state drug offenses.
The penalties for federal charges are not only harsher, they are tried in federal courts through a very different criminal justice system. If convicted, you may be subject to mandatory minimum sentencing and do time in a federal facility far from home. Federal drug offenses often involve offenses that cross state lines, manufacturing, distribution, or organized crime.
Penalties for Frisco Drug Crimes
The penalties you face if convicted for a drug crime in Frisco depends on the drug’s penalty group or classification, the alleged conduct, the amount of drugs, and the circumstances.
Texas law classifies illegal drugs by penalty group:
- Penalty group 1 has the harshest penalties and includes cocaine, heroin, opioids, ketamine, and LSD.
- Penalty group 2 includes psilocybin (“magic mushrooms”), DMT, and certain stimulants and depressants
- Penalty group 3 includes Ritalin, Xanax, peyote, and certain compounds that include narcotics
- Penalty group 4 includes some compounds that include limited narcotics
Marijuana is treated differently than controlled substances.
It is not just the type of drug that determines the penalty: the amount of drugs is also considered. With cocaine alone, possession of less than 1 gram is a state jail felony, 1-4 grams is upgraded to a third-degree felony, and 4-199 grams is a second-degree felony.
If you are charged with a felony controlled substances offense, you face the following penalties.
- First-degree felony: 5-99 years or life in prison
- Second-degree felony: 2-20 years in prison
- Third-degree felony: 2-10 years in prison
- State jail felony: 180 days to 2 years in prison
Depending on the offense and type of drug, your charge can be upgraded to a higher class based on circumstantial evidence or suspicion.
For example, the amount of drugs found or a variety of drugs may cause a simple possession charge to be upgraded to intent to distribute. This is largely subjective and based on the beliefs of the prosecution.
Contact a Frisco Drug Crimes Lawyer for a Free Case Review
Do not let a drug arrest destroy your future without fighting the charges you are facing. No matter what type of drug charge you are facing, you deserve the best possible legal defense. The Edgett Law Firm is here to give you the best defense possible.
Contact our law office as soon as possible to discuss your case with a Frisco drug crimes lawyer. We will help you explore your legal options and work on building the strongest defense possible.