Are you facing drug charges in Plano, TX? Even misdemeanor drug charges can carry serious and life-changing penalties in Texas. Do not just sit back and allow the prosecution to convict you without a fight.
The Edgett Law Firm is here to fight for you and help you build the strongest defense possible. A Plano drug crimes lawyer will serve as your advocate and put decades of legal expertise to work on your behalf. Call us today to schedule a free consultation to discuss your case.
How the Edgett Law Firm Can Help When You Are Facing Drug Charges in Plano
In Texas, drug crimes are punished very harshly. Law enforcement and prosecutors have little compassion or sympathy, even for non-violent defendants with addiction facing life-changing drug possession charges. When you are facing a drug charge, it’s important to choose a Plano defense lawyer who will serve as your advocate and fight for you.
At the Edgett Law Firm, we have more than a decade of experience representing clients facing serious criminal charges. We have earned a reputation among local judges and prosecutors for our zealous defense of our clients with more than 5,000 cases successfully handled.
Do not face the overwhelming and harsh criminal justice system alone. You can count on the Edgett Law Firm to:
- Investigate your case to locate exculpatory evidence that proves your innocence
- Protect your constitutional rights
- Negotiate with the prosecution to seek a dismissal or reduction of your charges or a plea bargain
- Pursue weaknesses in the prosecution’s case against you
- Represent you in court and present your defense to a jury
A drug offense conviction can follow you for the rest of your life. While you may feel hopeless, there are many possible defenses available to fight the charges you face. Contact our law firm today to schedule a free case review with a Plano drug offense lawyer who can help you.
Common Drug Crimes in Plano, TX
At the Edgett Law Firm, we represent clients facing all types of drug charges in Plano. The following are the most common types of cases we handle.
Drug possession is a common offense that may be charged if you are found in possession of a controlled substance for personal use without a valid medical prescription. Under Texas law, possession of a controlled substance can be charged if the drug is found on your person or under your control, which may mean in your home or vehicle.
Depending on the substance and the amount, possession of a controlled substance can be a misdemeanor or a felony.
Possession with Intent to Distribute
If the prosecution alleges that you were in possession of drugs with intent to sell or distribute them to someone else, you can face harsher penalties than for possession alone. There are many ways in which simple possession can become intent to distribute:
- Possession with paraphernalia like a scale or baggies
- Drugs found with a large amount of cash
- Previous convictions or offenses
- Messages on a suspect’s phone
Intent to distribute a controlled substance can be punishable by up to life in prison. However, these cases are often built on circumstantial evidence such as the fact that a suspect tests clean for the drug at the arrest and is not believed to be a user. An experienced Plano drug defense lawyer will argue against this evidence and seek a reduction in the charges or an acquittal in court.
While marijuana-related offenses may not be punished as harshly as offenses related to controlled substances, a conviction for a marijuana offense can still have a serious impact on your life. Depending on the charge, you may face a lengthy jail sentence as well as a drug conviction on your criminal record.
The most common marijuana offense in Plano is marijuana possession. Depending on the weight of the marijuana, possession can be a misdemeanor or felony:
- Class B misdemeanor: two ounces or less
- Class A misdemeanor: 2-4 ounces
- State jail felony: 4 ounces to 5 pounds
- Third-degree felony: 5 to 49 pounds
This means simple marijuana possession in Plano can be punishable by anywhere from 180 days in jail to up to 20 years in prison.
Possession of Drug Paraphernalia
In Texas, it is illegal to be in possession of drug paraphernalia, or any tool that is used to manufacture, grow, weigh, test, store, or use a controlled substance. This can include anything from needles and rolling papers to grinders, scales, and even scissors. Possession of drug paraphernalia is usually a Class C misdemeanor in Plano with no jail time but automatic license suspension If convicted. Attempting to deliver drug paraphernalia for someone else’s use is a Class A misdemeanor.
There are many possible defenses to drug paraphernalia including unwitting possession and authorized use, which means the object was not intended for illegal drug use.
Drug manufacturing is considered one of the most serious drug offenses in Plano. A charge of cultivating or manufacturing any drug in any of the penalty groups can be punishable by anywhere from 180 days to life in prison depending on the type of drug, how it was cultivated, quantity, and criminal record.
Drug trafficking refers to transporting, manufacturing, or delivering a controlled substance. Knowingly transporting, distributing, or possessing a controlled substance with intent to distribute can result in a serious drug trafficking charge and a potential penalty of life in prison.
However, many people face drug trafficking charges in Texas without transporting or distributing drugs. Law enforcement considers many factors like the amount of cash present, the variety of drugs, the amount of a single drug, and the presence of paraphernalia.
Federal Charges Following a Plano Drug Charge Arrest
Texas drug laws are serious enough, but you may face a federal drug charge when you are arrested for a drug offense in Plano. Federal charges can be brought under the Controlled Substances Act. In most cases, federal charges are brought in cases involving manufacturing, distribution, or cases that involve organized crime or cross state lines. Federal charges are even more serious than state drug charges with harsher penalties and a different legal process.
Penalties for Drug Crimes in Texas
The penalties you will face if convicted of a drug charge in Texas depends on several factors. The first factor is the classification of the drug in question.
In Texas, drugs are classified by “penalty group:”
- Penalty group 1 includes ketamine, cocaine, heroin, opioids, and LSD.
- Penalty group 2 includes DMT, psilocybin, certain stimulant or depressant compounds, and synthetic cannabinoids
- Penalty group 3 includes Ritalin, Xanax, compounds with limits narcotics like codeine, and peyote
- Penalty group 4 includes compounds with limited amounts of narcotics with non-narcotic active medicinal ingredients
These penalty groups are based on the addictive nature of the drug. Marijuana is treated under a separate system.
When you are facing a drug charge, the penalties will depend on:
- The drug type and penalty group
- Weight of the drugs
- Location of the crime
- Whether a child was involved
- The alleged conduct, such as possession or manufacturing
The weight and type of drug are heavily considered when determining the penalty for a drug conviction. For example, if you are charged with possession of cocaine, which is in penalty group 1, you face the following penalties depending on the amount:
- State jail felony, 180 days to 2 years in prison for less than 1 gram
- Third-degree felony, 2-10 years in prison for 1 to 4 grams
- Second-degree felony, 2-20 years in prison for 4 to 200 grams
- First-degree felony, life or 5-99 years in prison for 200-400 grams or 10-99 years or life for over 400 grams
As you can see, the amount of the drug plays a crucial role in determining the minimum and maximum prison time you may face.
Drug crimes in Plano can be a misdemeanor or a felony depending on the offense, type of drug, and amount of drug. Possession of marijuana, for example, is usually a Class B or Class A misdemeanor for less than 4 ounces. Drug manufacturing is a state jail felony, but it may be up to a first-degree felony depending on the amount manufactured and the type of drug.
Defenses for Drug Charges in Plano
Texas has incredibly harsh penalties for drug crimes, but that does not mean your case is hopeless. There are many defense strategies that may be used to defend you against the charges you are facing.
At the Edgett Law Firm, our Plano drug crimes attorneys will investigate your case and build a viable defense that may involve:
- Issues with how evidence was handled, or chain of custody problems
- Insufficient proof the drug was a controlled substance
- Challenging that the drugs belonged to you or were in your control
- The evidence against you was obtained illegally after your Fourth Amendment rights were violated
- There was no search warrant or the search was illegal
- You were entrapped by a police officer
Contact the Edgett Law Firm today so an experienced Plano drug charge defense lawyer can review your case and discuss defense strategies with you.
Contact a Plano Drug Crimes Lawyer
Drug charges are prosecuted aggressively in Plano. It can be easy to unexpectedly find yourself in the middle of a criminal investigation and facing serious charges, whether it’s due to a misunderstanding, someone else’s criminal activities, or illegal action by law enforcement. At the Edgett Law Firm, we are here to fight for your freedom.
Contact our law office today to schedule a free case review with an experienced Plano drug crimes lawyer who will help you protect your rights and fight back against the charges you are facing.