Accused Of A Drug Crime In Texas? You Need Tough Criminal Defense Attorney.

Last updated on August 22, 2024

Texas drug laws are harsh for simple possession, first-time offenders and drug dealers alike. A simple possession charge could put you in jail on a felony charge, depending on the drug in question.

At the Law Offices of Charles T. Ganz, I work personally with the accused to uphold their rights, potentially reducing or eliminating the charges they face altogether. I have decades of experience fighting for the rights of people accused of crimes. I will work directly with you at every stage of the criminal proceedings.

Law Enforcement Officers Are Cracking Down

Several drugs are prevalent in Houston and the surrounding communities. Marijuana, prescription drugs, opioids, cocaine – all of these could lead to serious consequences, including jail time. And officers are continuing to target Texans for possession of these drugs.

Did you know: Possession of concentrated forms of marijuana such as oils or edibles can result in an immediate felony – regardless of how much you possess. Police may even weigh food items to determine if they contain THC, and subsequently charge you for the full weight of the food. Contact my office to learn more.

Police are generally not lawfully allowed to search your home or your vehicle without a warrant unless you give consent. Never allow an officer to search your property without first consulting a trusted criminal defense attorney.

Can Police Search Your House Or Car For Drugs?

Unfortunately, far too often, people get fooled into allowing police to search their homes or vehicles for evidence against them. The Fourth Amendment protects Americans from unlawful search and seizure and gives them the legal right to decline a search by police.
Generally, Texas police have three lawful ways they can search your property for drugs or other evidence.

• Consent: If you allow police to enter your home or car, they can use anything they find against you in court. This is why you should always respectfully decline a search.
• Probable cause: If an officer has considerable reason to believe you are breaking the law, he or she may search your property for proof to support those reasons. This has to be more than simply a hunch. For example, if an officer smells marijuana in your car, he or she has the authority to search your vehicle.
• Warrant: This is the most official way a police officer can gain access to your home or car, but it’s also the most time-consuming for the officer. With an official warrant, there is little you can do to keep law enforcement out of your belongings.

I am here to help you understand these rights. You should never just allow an officer to search your property without first consulting with an experienced criminal defense attorney.

Why Do You Need A Drug Crimes Defense Lawyer In Houston?

Unlawful search and seizure is one of many reasons why you can benefit from talking to me about your case. Sometimes, police may search your property unlawfully by bypassing these methods. They may search first and come up with reasons later or perhaps mislead a citizen about their probable cause. Sometimes, people consent to a search because they are unaware of the presence of drugs. Other times, people confess to possession of drugs that are not theirs because of the promises made by police officers. Couple these two situations together, and you have an innocent person accused of a crime. Far too many people end up accepting plea bargains in these situations because they don’t exercise their right to a lawyer. I will advise you strongly against accepting a plea for a crime that you did not commit.
The only way to ensure that you are treated fairly is by consulting with an attorney who can thoroughly evaluate your case. If I find that police have unlawfully searched you, any evidence obtained from that search cannot be used against you. This may result in charges being dropped altogether.

Additionally, in many cases, the state must prove intent or knowledge of possession of the drug. Unfortunately, many police officers coerce people into either consenting to a search or confessing to possession. If you do not know your rights, you can refuse to cooperate in any investigation until you are able to consult with a lawyer. I will shield you from violations of your rights and coercive tactics.

Frequently Asked Questions About Drug Classifications And Penalties In Texas

Texas law regarding criminalized drugs is complicated and confusing. It categorizes substances into different penalty groups. Below is some general information about these categories and the penalty ranges that go along with them.

What penalty group do different drugs fall into?

TEXAS DRUG PENALTY GROUPS and CLASSIFICATIONS
Penalty Group 1	Synthetic chemical compounds mimicking the pharmacological effects of naturally occurring cannabinoids
Penalty Group 1A	LSD
Penalty Group 2	– Synthetic Marijuana – Bath salts – Phenylacetone – This substance is used in the manufacture of methamphetamine and amphetamine, where it is commonly known as P2P (Note: Phenylacetone with Methylamine is Penalty Group 1) – Amphetamines – Adderall, Vyvanse, Quaalude, Ecstasy (MDMA)
Penalty Group 2A	Synthetic chemical compounds mimicking the pharmacological effects of naturally occurring cannabinoids
Penalty Group 3	– Ritalin – Preludin – Xanax, Klonopin, Ativan – Hydrocodone (less than 300mg) – Valium – Peyote– Anabolic steroids
Penalty Group 4	Compounds containing limited quantities of narcotics that include nonnarcotic medicinal ingredients: – Morphine – Codeine – Butorphanol – Pyrovalerone
Marijuana / Marihuana	Not classified in a penalty group; it has its own penalties broken down by whether simple possession or possession with delivery

What are the punishment ranges for different penalty groups of drugs?

PUNISHMENT RANGES FOR POSSESSION OF DRUGS
Penalty Group 1 Drugs	– Less than 1 gram; State Jail Felony – 1-4 grams; 3rd Degree Felony – 4-200 grams; 2nd Degree Felon – 200-400 grams; 1st Degree Felony – More than 400 grams; 1st Degree Felony w/ 10 year minimum up to 99 years in prison and a fine not to exceed $100,000
Penalty Group 1A Drugs	– Less 20 abuse units of controlled substance; State Jail Felony – 20-80 abuse units; 3rd Degree Felony – 80-4,000 abuse units; 2nd Degree Felony – 4,000-8,000 abuse units; 1st Degree Felony – More than 8,000 abuse units; 1st Degree Felony w/ 15 year minimum up to 99 years in prison and a fine not to exceed $250,000
Penalty Group 2 Drugs	– Less than 1 gram; State Jail Felony – 1-4 grams; 3rd Degree Felony – 4-400 grams; 2nd Degree Felony – More than 400 grams; 1st Degree Felony w/ 5 year minimum up to 99 years in prison and a fine not to exceed $50,000
Penalty Group 3 Drugs	– Less than 28 grams; Class A Misdemeanor – 28-200 grams; 3rd Degree Felony – 200-400 grams; 2nd Degree Felony – More than 400 grams; 1st Degree Felony w/ 5 year minimum up to 99 years in prison and a fine not to exceed $50,000
Penalty Group 4 Drugs	– Less than 28 grams; Class B Misdemeanor – 28-200 grams; 3rd Degree Felony – 200 -400 E33; 2nd Degree Felony – More than 400 grams; 1st Degree Felony w/ 5 year minimum up to 99 years in prison and a fine not to exceed $50,000
***Note: weight is the aggregate weight of the drugs, i.e. includes any adulterants or dilutants

A Houston Drug Crime Defense Attorney Who Protects Your Rights

As an experienced drug crimes lawyer, I will stand by you to ensure that you receive fair treatment under the law. Call 713-364-0953 to set up an appointment at my office. You can also reach me online.