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Drug Crimes

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Drug Crimes – Arrested or Charged for Possession of Illegal Drugs in Texas under State or Federal Law

South Texas authorities have an intense focus on drug crimes especially along the Texas-Mexico Border. That’s why if you have been charged with a drug crime, you will want a South Texas, McAllen drug offense criminal  lawyer on your side, fighting for your interests, freedom and rights.  South Texas shares a long border with the nation of Mexico, and most people are aware that drugs are big money-making business operations here in South Texas.  South Texas has been designated a High Intensity Drug Trafficking Area, one of a handful nationwide, by the Office of National Drug Control which brings a special federal investigatory focus to the McAllen – South Texas area.  All Valley Counties are included in this HIDTA Area.

There are many different types of drug charges and potential penalties.  Contact us for a free consultation so that Genaro Fraustro, Criminal Drug Lawyer can explain to you the charges you face.

Drug Crimes in Texas, McAllen, South Texas

Some of the most common drug charges in Texas include
:

•    Drug Possession. This charge generally refers to having illegal drugs on your body, in your care, custody, or control. This crime is typically the least severe drug charge such as possession of a small amount of marijuana. However, if you possess a large amount of a serious drug like heroin, you could face felony charges.

•    Drug Possession With Intent to Distribute. This crime combines the crime of possession along with the intent to distribute the drug to others. This is typically the charge that prosecutors use against drug dealers. Some ways that prosecutors may prove the intent to distribute include pointing out the amount of drugs in your possession or looking for periphery materials that are commonly associated with dealing.

•    Drug Trafficking. Drug trafficking is a very serious offense and may be prosecuted at the federal level. Trafficking generally involves bringing drugs into the state or across the Mexican border.

Penalties for Drug Possession in Texas

Whether you are charged with felony possession or misdemeanor possession of a Controlled Substance in Texas depends on the penalty group the drug falls into, and the weight or amount of the drug, whether there is an allegation of distribution and your criminal history.  Typically, some factors that will impact the penalties you face include:

•    Type of Drug. A defendant accused of possessing marijuana could face less penalties than  someone possessing the exact same amount of heroin or cocaine.

•    Amount. The larger quantity of the drug in your possession, the greater penalties you face.

•    Criminal History. If you have a long criminal history, these could all impact the charge you face.

The Texas Health and Safety Code sets the possession law, dividing controlled substances into five penalty groups, plus a marijuana category. While some of the substances are legal prescription drugs, it is illegal to possess them without a rightful prescription, and the Texas health code establishes the punishments for illegal possession.

Illegal Drugs in Texas

The Texas Health and Safety Code sets the possession law, dividing controlled substances into five penalty groups, plus a marijuana category. While some of the substances are legal prescription drugs, it is illegal to possess them without a rightful prescription, and the Texas health code establishes the punishments for illegal possession.

PENALTY GROUP    EXAMPLES OF DRUGS/CONTROLLED SUBSTANCES

GROUP
1 Cocaine, heroin, methamphetamine, GHB, ketamine, oxycodone, and hydrocodone.
1A LSD
2 Ecstasy (MMDA/Molly), PCP, mescaline, (resinous extractives of Cannabis that aren’t marihuana, e.g. hashish, concentrated marijuana oil, wax)
3 Valium, Xanax, and Ritalin.
4 Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

 

As you can see, the drug possession penalties are complicated and depend on the classification of the substance and the quantity.

Things get even more complicated if you have a prior drug conviction and are facing a 2nd or 3rd offense drug possession charge. Please call to speak to Genaro Fraustro, Criminal Drug Lawyer to determine what penalties you may be facing if convicted, and how we can help fight the charge.  With his experience, successes, his commitment, and passion for justice makes him a prudent  and obvious choice when you’re facing a Texas Criminal Misdemeanor Charge.  

For a free legal consultation, please call (956) 994-8072, to schedule an appointment to visit with Criminal Defense Lawyer Genaro Fraustro.

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