CRIMINAL DEFENSE
Drug Crimes
Drug Offenses Defense Attorney
If you or a loved one has been arrested for a drug offense, you need to hire an attorney experienced in defending people accused of drug possession and drug delivery. An arrest for a drug offense can permanently damage your future and hurt your chances of obtaining good employment.
As former prosecutors and now criminal defense attorneys, Waren Price has handled thousands of drug-possession and drug-delivery cases over the course of his career and can help you with yours.
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Our drug-offense practice includes marijuana possession, marijuana delivery, possession of a controlled substance, possession with intent to deliver a controlled substance, manufacture of a controlled substance, delivery of a controlled substance, and prescription-fraud allegations.
The Texas Controlled Substances Act in Chapter 481 of the Health and Safety Code categorizes substances into Penalty Groups 1 through 4. The higher the Penalty Group, the greater the perceived potential for abuse and dependence.
Common Penalty Group 1 substances include cocaine, heroin, methamphetamine, GHB, Rohypnol, and methadone. Penalty Group 1-A includes LSD. Penalty Group 2 includes amphetamine, MDMA, THC other than marijuana, and psilocybin. Penalty Group 3 includes substances such as Xanax, Soma, Klonopin, Valium, and Ativan.
The ranges of punishment depend on both the Penalty Group and the amount of the substance. For Penalty Group 1 substances, less than 1 gram is a state jail felony, 1 to 4 grams is a third-degree felony, 4 to 200 grams is a second-degree felony, 200 to 400 grams is a first-degree felony, and 400 grams or more carries a punishment range of 10 to 99 years or life.
Penalty Group 2 and Penalty Group 3 offenses also escalate sharply based on amount. Even lower-level drug-possession allegations can carry jail or prison time and significant fines.
Drug-free zones are geographic areas in which penalties for certain drug offenses are elevated or enhanced when the offense occurs in or near protected places such as playgrounds, schools, arcades, youth centers, and public pools.
These enhancements can make an otherwise lower-level case dramatically more serious, and the resulting sentences can be stacked instead of running concurrently.
Section 481.129 makes it a criminal offense to possess a controlled substance obtained by fraud. As prescription narcotics have become more widely abused, allegations involving fraudulent acquisition of medication have become more common.
We have successfully represented many clients charged with this kind of offense.
The best defense depends on the facts of your case, but common defenses include no probable cause for a warrantless search, no probable cause to arrest, no affirmative links to the drugs, no proof of care, custody, control, or management, statements taken without Miranda warnings, mistaken identity, and search warrants that are not supported by probable cause.
One or more of these defenses may apply in your case, and other legal defenses or mitigating circumstances may exist as well.
If you or a loved one has been arrested for a drug-related offense, it is critical that you hire an attorney experienced in defending these cases. The potential penalties can land you back in jail and leave you with a criminal history that cannot easily be repaired.
Criminal defense attorney Waren Price will fight to defend against your drug charges and help you pursue the strongest outcome possible.
