Texas has a comprehensive and tough approach to drug crimes, which include possession, manufacturing/cultivating and trafficking.

A conviction for possession of any illicit drug can mean jail time, probation, fines and losing your driver license for six months. Exactly how the Texas Penal Code is commonly applied in court is nearly impossible for the average person to decode.

A free, no-obligation evaluation can protect you from some potentially grave consequences if you are facing a drug charge. At J&K, we will ask you every question that can help us create your best defense, beginning with: How did police find the drugs? There are cases when the accused unwittingly sells, buys, delivers, or transports drugs in a sting operation. Were the drugs tested in a lab to ensure they weren’t counterfeit? We will investigate every angle, including the possibility of entrapment, the validity of a search & seizure, and make full use of the protections Texas affords the accused. We will question law enforcement, witnesses, and search for evidence that could exonerate you.

Defenses to Drug Possession Charges include:

  • Lack of knowledge that the accused had possession of the controlled substance.
  • The drug was not intended for human consumption.
  • The drug was a substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic Act.
  • The drug is approved for investigational use under the Federal Food, Drug, and Cosmetic Act and the defendant’s conduct was in accord with that exemption.
  • The drug is medical marijuana.
  • The drug is a prescribed medication from a medical doctor.
  • Insufficient quantity

Drug crimes can be handled as minor misdemeanors all the way up to severe felonies. The penalties will vary drastically depending on:

Quantity

  • How the drug was hidden or stored
  • Presence of drug paraphernalia
  • Large amount of money with the drugs
  • Past convictions

Drug Categories

Texas splits up different drugs into different categories with their own sets of minimum and maximum penalties.

Marijuana in Texas is in its own class.

  • Possession under 2 ounces: Up to 180 days in jail.
  • More than 2 ounces: 180 days to 20 years in prison & fines up to $10,000.
  • More than 2000 pounds: Up to a life sentence.

Cocaine, Heroin and Methamphetamines fall under Penalty Group 1.
LSD, Ecstasy, PCP and MDMA (slang “Molly”) are grouped under Penalty Group 2.
And prescription drugs fall under Penalty Groups 3 and 4.

Whatever the situation you’re facing, know that you have real defense strategies to fight and win your case. And many counties in Texas even offer diversionary programs that can void your charges and keep your record clean. Call Jarvis & Kelly for a free consultation to explore how best to approach your case.

Jarvis & Kelly are the ace defenders you want on your side.

Good thing these world-class warriors happen to practice in your own backyard. Call us today (903) 891-8898.