Dallas Drug Charges Attorney
Creating Aggressive Defense Strategies to Fight for Our Clients
If you’ve been arrested for drug possession or trafficking, you need a Dallas drug charges attorney to help you mount a strong legal defense to protect your freedom. Drug charges are a serious offense in Texas, and if you are convicted, you could lose your driving privileges, serve jail or prison time, and incur penalties and fines. Even if you can avoid time behind bars, you could still end up with a criminal record, derailing your professional and educational opportunities. At DebnamRust, P.C., we are proud to provide clients with access to a strong team of drug charge attorneys ready to fight aggressively for your interests in court.
Putting your case into the hands of an inexperienced or uninspired legal team could be the difference between freedom and incarceration. Depending on the details of your drug charge, you could be facing a federal and state drug charges. Federal charges typically have mandatory minimums, so you could face longer prison sentences and heftier fines if convicted. With so much at stake, it’s imperative that you hire an attorney with the experience to negotiate, fight, and strategize on your behalf. It doesn’t matter if you’re facing state or federal charges; you need a plan to fight for your freedom.
Our Dallas drug charges attorneys can help you fight charges of:
What Is the Texas Controlled Substance Act?
The Texas Controlled Substances Act of 1973 addresses of possession, distribution, and manufacture of controlled substances. This act is at the center of drug crime penalties, fines, and legal codes for the State. Texas has severe penalties for drug crimes, and there is little tolerance for drug abuse, sale, or distribution within the state. The Texas Controlled Substances Act of 1973 also sets a schedule which outlines the substances considered illegal and all penalties for crimes involving them.
According to the Texas Controlled Substances Act:
Schedule I: Controlled substances without an accepted medical use and a high potential for abuse
Schedule II: Controlled substances with accepted but restricted medical uses. These drugs have a high potential for physical or psychological dependence and can be severely abused.
Schedule III: Controlled substances with the potential for a low, moderate, or high physical dependence
Schedule IV: Controlled substances with lower potential for physical or psychological dependence
Schedule V: Controlled substances least likely to lead to physical or psychological dependence and has a low potential for abuse
Penalties for Drug Crimes in Texas
At DebnamRust, P.C., we understand how confusing the drug and penalty schedule can be if you aren’t familiar with it. Our Dallas drug charges attorneys can help you navigate the process and explain where your charge falls on the penalty schedule.
The Texas Controlled Substances Act of 1973 as includes a penalty schedule outlining fines, confinement, and punishments for drug crimes.
An example of the penalty schedule can be seen below:
Penalty Group (PG:1) includes cocaine, heroin, meth, GHB, ketamine, oxycodone, and hydrocodone.
Penalty Group (PG:1A) includes LSD.
Penalty Group (PG:2) includes ecstasy, PCP, mescaline, marijuana extracts, and resins.
Penalty Group (PG:3) includes drugs such as Valium, Xanax, and Ritalin.
Penalty Group (PG:4) includes compounds containing dionine, motofen, buprenorphine, or pyrovalerone.
Penalty Group (PG:1) Drugs or controlled substances in Group 1 are the most regulated in Texas. Most of the drugs in this category are opioids, like oxycodone and hydrocodone. Opium derivatives are also included in this category. Penalty group 1 charges are always felonies. On the lower end, charges can carry between 180 days and two years in state jail and a fine of up to $10,000. On the higher end, sentences can range from 15 to 99 years in prison and a fine of up to $100,000.
Penalty Group (PG:1A) A subsection of penalty group 1 exists for LSD because it’s measured in specialty units. LSD and any LSD derivatives are considered serious drugs. LSD is measured in units instead of by its weight like other controlled substances. Charges in this category are always treated as felonies in Texas, and those convicted face between 180 days and two years behind bars. Fines for this charge cannot be more than $10,000. Maximum charges in this category face between 15 and 99 years in prison with a maximum fine of $250,000.
Penalty Group (PG:2) Drugs or controlled substances in Group 2 are hallucinogenic drugs. Common hallucinogenic drugs in this category include ecstasy and peyote. Penalty group 2 charges are always felonies. On the lower end, charges can carry between 180 days and two years in state jail and a fine of up to $10,000. On the higher end, sentences can range from 5 years in prison to 99 years with a fine of up to $50,000.
Penalty Group (PG:3) Drugs or controlled substances in Group 3 include opiates and opioids not in PG:1. In Texas, possession charges for small amounts of PG:3 drugs are considered misdemeanors. At the misdemeanors level, charges carry up to a year in county jail and a fine of up to $4,000. On the higher end, charges will be filed as a felony and carry up to 99 years in state prison.
Penalty Group (PG:4) Penalty group four exists specifically for prescription medication. The drugs in this penalty group include highly addictive prescription medication commonly abused. Charges linked to penalty group 4 are charged as Class B misdemeanors. Those convicted face up to 180 days in jail and a fine of no more than $2000. At the highest level, charges can range from five years to 99, and the maximum fine cannot exceed $50,000.
Marijuana Drug Charges in Texas
Marijuana is also found as marihuana in Texas legal statutes, and it’s not found within the penalty groups. Marijuana is treated as a lower-level crime if the amount found in possession is small. Amounts under a 1/4th of an ounce are charged as misdemeanors. Possession over the misdemeanor limit is considered a felony in Texas. A higher-level marijuana charge, above 2,000 lbs., is charged as a felony carrying between 10 and 99 years in prison with a fine of as much as $100,000.
Dallas Drug Charges Attorneys Ready to Fight for You
If you’ve been accused of possessing or distributing drugs, you need a Dallas drug charges attorney immediately. Any crime involving controlled substances is a serious matter in Texas. It doesn’t matter if you’re facing a misdemeanor or a felony; there could be serious consequences if you’re convicted. Even if you don’t serve time behind bars, you could still end up with a criminal record! Contact the Dallas drug charges attorneys at DebnamRust, P.C.; we can review the details of your case and determine if you can avoid a conviction. Call now at (214) 758-8681 to schedule a consultation.