Drug Offenses
Criminal Defense
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McAllen DRUG CRIME LAWYERS
Since the 1970s, when Texas and the United States declared a “War on Drugs,” enforcement and prosecutors have pursued drug-related crimes with zeal and ferocity.As a result, policemen and informants, invalid search and arrest warrants, and falsifying drug lab results are common in drug possession and distribution allegations.
To beat a drug charge, a lawyer must fully comprehend law surrounding searches and seizures, as well as the defendant’s “affirmative links” to the drugs. In these cases, the stakes are high, and there is no alternative for skill and experience of an accomplished drug crime attorney. Don’t take a chance – contact an experienced McAllen criminal defense lawyer to discuss your case.
David Higdon and his skilled legal team at Higdon Law Firm are experienced in a wide range of State and federal drug charges, including:
- Drug possession
- Drug trafficking
- Drug distribution
- Drug manufacturing
- Drug conspiracy
Texas Criminal Drug Charges
In Texas, drug offenses are prosecuted in both state and federal courts. The sentence for a drug offense is complicated and based on a variety of factors, such as the type of drug in question, the amount of the drug, the purpose in which the drug was used , and the location of the offense.
Marijuana Possession
Marijuana, also known as weed and a variety of other slang terms, is defined by the state of Texas and the federal government as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” It is a Schedule I controlled substance that is prohibited from possession, use, or distribution. Anyone caught with “usable” marijuana faces fines, required drug rehabilitation, and/or incarceration.
Cocaine Possession
A cocaine possession or distribution conviction can have a devastating impact on people ’s lives. In Texas, the penalty range for more than 400 grams of cocaine is 10 years to life, which is higher than the penalty for murder. If you or someone you know has been charged with cocaine possession or distribution, you should consult with a drug possession attorney right away to protect your constitutional right to a vigorous defense.
Drug Offense Felony
In some cases, a drug offense is also linked to osther crime, such as carrying a gun, making the penalty even harsher. If the defendant is a repeat offender or was caught smuggling, possessing, or distributing illegal substances in high volumes, the case may be enhanced.
Large Scale Cases
Drug cases involving large quantities of drugs or a conspiracy with others frequently result in federal charges. A plaintiff charged in federal court is frequently subjected to pre-trial detention with no chance of bond and harsh mandatory minimum prison sentences. It is critical in federal drug cases to hire a drug defense attorney who is licensed in federal district court and has handled cases there.
Possession of Controlled Substances
Aside from marijuana and cocaine, a variety of other illegal drugs can result in possession or distribution charges. Opioids, heroin, methamphetamine, oxycodone, hydrocodone, ketamine, ecstasy, LSD, crystal meth, and certain prescription drugs such as Valium and Hydrocodone are examples of “controlled substances.” Individuals charged with possession or distribution of a controlled substance face up to a $250,000 fine, drug tests, rehabilitation, and up to 99 years in prison, depending on the drug and amount found.
Manufacturing of Controlled Substances
According to Section 481 of the Texas Health and Safety Code, growing, processing, or manufacturing a controlled substance is a criminal offense. The penalties for such a crime are determined by the classification of the substance. The most severe penalties are reserved for those who manufacture Group 1 drugs such as methamphetamine and cocaine. The consequences of processing pharmaceutical drugs such as Valium, Ritalin, and Codeine are less severe. Marijuana is classified as Miscellaneous, which means that the penalties can range from fines to probation to imprisonment.
Drug Trafficking & Distribution
Whether charged with trafficking marijuana, cocaine, prescription drugs, or another controlled substance, the penalties are almost always severe, ranging from the loss of a driver’s license to life in prison. Such a heinous punishment can have long-term consequences for your freedom and reputation, not to mention your job and family. If you have been accused of distributing an illegal substance, you should contact a drug offense lawyer right away. An experienced drug trafficking lawyer can assist you in negotiating the best possible outcome in your case.
Contact Us Today
For over 20 years, McAllen criminal defense attorney David Higdon has fought for the best possible outcome in cases all throughout Texas, in State courts to federal courts and on appeal. He prides himself on treating each client with the respect, personal attention and experienced defense that they deserve. Through his ability to effectively communicate with judges, prosecutors and juries, as well as his reputation for aggressively representing his clients, David Higdon has often successfully negotiated a favorable resolution without the need for trial. Call to schedule your case consultation today in our McAllen law office.
McAllen Drug Possession Lawyer
If convicted, you could face a variety of penalties depending on the amount and type of substance found in your possession. For example, if you are charged with possessing less than one gram of a Group 1 drug, such as cocaine or heroin, you could face up to two years in prison and a $10,000 fine. If you are charged with having 400 grams or more of a Group 1 drug, you face enhanced first-degree felony penalties of up to 99 years in prison and a $10,000 fine.
Texas Criminal Defense Frequently Asked Questions
For less than a gram of a prohibited drug, you could face up to two years in state prison and a $10,000 fine. A first-time offender in a large distribution case faces up to $250,000 in fines and 99 years in prison.
If you have never been convicted of a felony before, Texas law requires the Judge to sentence you to probation. Furthermore, even if you have previously been arrested on a felony drug charge and have a previous 12.44a, the Judge must still grant you probation even if the State refuses to agree.
If you are arrested for drug possession, your first instinct may be to explain your situation to the authorities. Unfortunately, doing so can significantly reduce your chances of obtaining a favorable outcome. Any words you say could be used to build a case against you, so exercise your right to remain silent until you can speak with your attorney about the situation. Your attorney will go over every detail of the case, looking for any violations of your constitutional rights during the arrest process that could lead to the case being dismissed entirely. You can work together to determine the best strategy for moving forward based on the facts of the case.
Contact Us For McAllen Drug Crime Lawyer Today
Don’t hesitate to contact the attorneys at Higdon Law Firm today if you or a loved one has recently been convicted of an assault charge, our law firm offers a free and confidential consultation. David A. Higdon has been serving McAllen and helping represent those who are usually under-represented for criminal charges and need strong criminal defense for over 30 years. Our lawyers will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our criminal defense attorneys on Google, Yelp, and Facebook.