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Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to as the Controlled Substances Act.
The Controlled Substances Act covers nearly all of the drug offenses in Texas and is codified within the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a main concern. The state of Texas also has a number of state drug laws which may not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are among the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life like family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will generally consist of a fine and/or a lengthy prison sentence. If you are charged with a drug related crime, you’ll need to contact the Best Houston Criminal Defense Lawyer at the Charles Johnson Law Firm as soon as possible. The penalties for committing a drug crime may be fairly severe, including actual prison time, occasionally for numerous years in bigger high profile drug instances. A conviction for a drug-related offense could not just damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It is not whether or not you’ll acquire a lawyer, rather, it is who you will get to represent you at your most vulnerable time.
What kinds of factors are considered in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will take into account the following elements:
- The type of drug: The Controlled Substances Act classifies drugs into 5 “Penalty Groups”, with Group 1 being probably the most serious. For instance, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group three.
- The amount of drugs in possession: Prison sentences or fines will increase based on the quantity of drug possessed. Greater amounts of the exact same drug will result in higher sentences.
- The purpose for which the drug is used: Simple possession is generally regarded as less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are considered more severe if they take place in certain areas, for example near a school or day care center
Another essential factor that a court will consider is whether the drug offense was combined with another offense. Numerous drug offenses are related to other crimes like conspiracy, theft, or assault. If the drug offense is related to another felony, particularly a violent crime, the penalties will be more severe.
Do I need a lawyer for a drug offense?
Drug offenses are severe and can lead to felony charges. Therefore, the services of Houston Criminal Defense Attorney Charles Johnson may be crucial when dealing with drug charges. This is particularly accurate if the defendant is involved in multiple or repeat offenses. An skilled Houston Lawyer can assist explain the various requirements under Texas drug laws. If you or perhaps a family members member is charged with a crime in the Houston area, contact us for a totally free consultation with a successful criminal defense lawyer. We can offer compassionate legal counsel, accessibility and personal attention, years of encounter, and aggressive protection of your rights.