If you were arrested for a drug-related crime in Dallas, Texas, you should contact a criminal defense lawyer as soon as possible. Drug-related convictions can result in significant jail or prison time, and/or collateral consequences, such as loss of employment, trouble finding housing, or loss of government benefits. After being arrested, you may not know where to turn or how to defend yourself. The steps you take during this time can mean the difference between a case that’s dismissed or a criminal conviction with significant penalties including jail or prison time.

You don’t have to go through this stressful time alone. You need a criminal defense lawyer who can guide you through the court process and  fight aggressively on your behalf to obtain the best possible outcome in your case.

Dallas Drug Attorney

The consequences of a drug conviction can vary widely, depending on the facts of the case, the offense, your previous criminal record, any deals that are made with prosecutors. If you are convicted of a drug related charge, you are typically facing a combination of fine(s) and jail or prison time. The best way to avoid these penalties is to contact a criminal defense lawyer with experience in drug possession charges as soon as possible. An attorney can investigate your case and fight the accusations against you. We may be able to have the charges dismissed or negotiate with the prosecutor to reduce the severity of the charges.

If you have been arrested or are under investigation for drug possession or manufacture / delivery of a controlled substance, your first step should be to select a qualified, experienced, criminal defense attorney. Do not engage in any communications with law enforcement or submit to any interviews without the advice of legal counsel. Once you retain legal representation, the police should not attempt to contact or communicate with you regarding your case.

Reviewing the Evidence Against You

If you retain Fellman Law Office to represent you, our legal team will obtain discovery (the evidence) in your case, review it carefully, and determine the legal basis upon which the police detained and/or arrested you and the legal basis upon which the police conducted a search of you, your vehicle, or your home.

In drug cases, certain constitutional issues, such as your right against self-incrimination or your right against unreasonable search and seizure under the 4th amendment are frequently major issues. The only way to find out if a constitutional issue regarding the legality of a detention, a search, or an arrest in your case exists is to have an experienced attorney obtain the evidence in your case and review it with you.

Types of Drug Crimes in Dallas, TX

Different types of drug crimes are covered under state and federal laws. The sentences for state-related drug charges may be shorter compared to federal drug charges.

Drug charges are grouped into the following main categories:

Possession

According to state law and federal law, possessing any illicit controlled substance, such as heroin or cocaine, is a crime. If you were in possession of a large amount of illegal substances, you can be charged with possession with intent to distribute. If you were arrested with a small amount of narcotics, you can be charged with simple possession. You may be faced with additional charges if you were also in possession of drug paraphernalia at the time of your arrest.

Paraphernalia

Drug paraphernalia is any type of equipment or material that can be used to hide, inject, inhale, or make illegal drugs. The exporting, importing, or selling of drug paraphernalia is a crime. Some examples of drug paraphernalia include syringes, different types of pipes, or bongs.

In Texas, Possession of Drug Paraphernalia is a class C misdemeanor punishable by a maximum fine of $500.00 dollars.

Manufacturing

Manufacturing of a controlled substance includes propagation, production, processing, preparation, conversion, or compounding of an illegal substance. Manufacturing can also include labeling or relabeling, packaging or repackaging, extraction from natural substances, chemical synthesis, or a combination of synthesis and extraction.

Delivery/Distribution/Trafficking/Selling

A delivery or distribution charge includes the selling, importing, or transporting of a controlled substance. The penalties for a delivery/distribution or selling charge will depend on the amount and type of narcotics seized.

Special Charges

A drug-related charge can have a special categorization depending on where it occurred. Charges for drug-related crimes that were committed near government property/certain government buildings, or near childcare facilities or schools can be more severe.

Penalties for Drug Crimes in Texas

Texas has strict laws surrounding narcotics and controlled substances and incredibly harsh drug possession laws.

These laws are explained in the Texas Controlled Substances Act, Texas Penal Code, and Texas Health and Safety Code and can be complicated and difficult to understand.

Basically, if law enforcement finds drugs on your person, you may face:

• Steep fines
• Jail sentence
• Prison time
• Probation
• Temporary suspension of driver’s license
• Mandatory drug addiction treatment

Drug Laws and Penalty Groups in Texas

Different drug categories have different penalties. There are four penalty groups, in addition to marijuana, which is in its own category with its own penalties.

The penalties can vary, depending on whether a person was possessing, selling, or making an illegal substance.

Penalty Group 1

Penalty group 1 includes the following illegal drugs-Oxycodone, ketamine, methamphetamine, cocaine, opium derivatives, LSD, psilocybin, mescaline, and other hallucinogens.

Penalty Group 2

Illegal substances in penalty group II include MDMA or ecstasy, PCP, hashish, and other cannabinoids created from marijuana or cannabis.

Penalty Group 3

Opioids not listed in group 1, Xanax, Valium, methylphenidate, benzodiazepines, and anabolic steroids.

Penalty Group 4

Penalty group 4 involves compounds with small amounts of opium or codeine.

Marijuana Group

This group includes marijuana and synthetic cannabinoids or synthetic marijuana. The minimum penalties for this group can include mandatory drug treatment and probation.

Finding the Right Criminal Defense Lawyer for Your Dallas Drug Charge

An experienced criminal defense lawyer can handle:

• Drug trafficking charges/delivery of drugs
• Charges for possession of illegal drugs
• And other criminal charges

The strategy a criminal defense lawyer uses depends entirely on the facts of your case. Our experienced Dallas drug attorneys may also use constitutional challenges. The Fifth Amendment guarantees a person’s protection from self-incrimination. The Fourth Amendment guarantees protection against unreasonable search and seizure.

Fourth Amendment

The Fourth Amendment protects against the illegal and improper search and seizure of your property. If a police officer violated this protection, your lawyer can seek to suppress the evidence that resulted from that violation, which would prevent the State from using it. If the evidence is suppressed, the State often no longer has a case against you.

Fifth Amendment

The Fifth Amendment protects you against self-incrimination. When you’re arrested, you have the right to not speak to law enforcement officers. If your attorney determines that an officer violated your right not to incriminate yourself, your lawyer will aggressively move the court to suppress any evidence that was obtained from that violation.

Aggressive Criminal Defense

If you have been arrested or are facing drug charges, our goal will always be to seek a dismissal or reduction of charges, if possible.  However, if there is overwhelming evidence or a dismissal or reduction is not available in your case, we will focus our efforts on mitigation, meaning that we will seek to persuade the prosecutor and/or the Court to impose the lowest amount of punishment possible. If you want to contest the charges against you, we can also represent you in setting your case for trial.

At the Fellman Law Office, Mr. Fellman will aggressively defend clients who are facing charges of sales, manufacturing, transportation, or possession of narcotics or illegal substances, and other drug-related charges.

Regardless of your charges, you need an experienced attorney in Dallas that can review your case as soon as possible, review the evidence against you, and create an effective defense strategy to maximize the changes of a dismissal or  reduction of your charges, or if that is not possible, obtaining the lowest amount of punishment possible.

Contact the Fellman Law Office Today to Schedule a Consultation

At the Fellman Law Office, Marc Fellman has nearly a decade of experience defending clients charged with misdemeanor and felony drug offenses. We understand what is at stake for you and your future. Contact us today at (214) 530-2056 to schedule a free consultation.