Experienced Drug Lawyer in Austin: Professional Legal Representation in Complex Cases

We help good people facing Drug Charges around Austin, TX.

A drug lawyer in Austin is an attorney who helps people facing drug-related charges. These charges can range from possession to distribution, and the lawyer's role is to defend the accused in court. 

This topic matters because drug charges can lead to serious consequences in Texas as the state does not tolerate illegal controlled substances. If you have been charged with a drug crime, you should immediately contact an experienced criminal defense attorney in Austin. 

Understanding Drug Charges In Austin, TX

In Austin, as elsewhere in Texas, there are a number of drug crimes the police can charge you with. Drug offenses are listed in the Texas Health & Safety Code § 481.112 et seq. The most common drug crimes are:

• Possession of controlled substances (§§ 481.115 - 481.118) - This charge arises when there are small quantities of the controlled substance involved and no clear intent to distribute.

• Manufacture or delivery of controlled substances (§§ 481.112, 481.1121, 481.113, and 481.114) - Manufacturing, delivery, and possession with intent to manufacture or deliver constitute drug trafficking. They are serious offenses, often involving large quantities of controlled substances.

• Possession of marijuana (§ 481.121)

• Delivery of marijuana (§ 481.120)

• Possession with intent to manufacture or deliver, and

• Possession of drug paraphernalia.

The penalties for a conviction of any one of these drug crimes is dependent on several factors, including but not limited to:

• Type of drug offense, i.e., you will likely have a harsher penalty for the manufacture of a drug versus possession of a drug.

• Type of drug, i.e., you will have a harsher penalty for possession of cocaine over marijuana.

• The quantity of drug, i.e., a greater quantity of a drug, carries harsher penalties.

• Presence of aggravating circumstances, i.e., if you sell to minors or are in possession of a drug near a school, your penalties will be increased.

Experienced legal counsel plays an essential role in understanding the nuances of each case and devising effective strategies. A well-prepared defense can help reduce or dismiss charges.

Drug Penalty Groups in Texas

In Texas, drug-related offenses are governed by the Texas Controlled Substances Act. This legislation categorizes illegal drugs into penalty groups, which dictate the severity of legal consequences. These penalty groups are ranked similarly to the federal drug schedule, which ranks drugs into five different schedules according to their potential for medical use and their potential for addiction.

There are four penalty groups, but marijuana is considered separate from these groups. Each penalty group has specific consequences that correspond with the purpose of the drug and the weight or units of the drug in possession. In addition to these potential penalties, any person who is convicted of a drug or controlled substance offense in Texas will also:

• Have his or her driver's license suspended for 180 days, and

• Be required to complete a 15-hour class in an authorized Drug Education Program for each conviction.     

Penalty Group 1

Penalty group 1 is made up of mostly narcotics that typically serve no medical purpose and are highly addictive. Examples include:

• Opioids like hydrocodone and oxycodone

• Opioid derivatives and/or opiates like heroin

• Cocaine

• Methamphetamine

• Peyote.

There is a sub-penalty group 1-A, and this group pertains to LSD as well as any of its salts, isomers, and salts of isomers. Penalties for LSD are subject to the units as opposed to grams in possession at the time of arrest.

Penalty Group 2

Penalty group 2 consists mostly of hallucinogens that have no real medical value but are also highly addictive. The penalties for this group correspond with the penalties of group 1. 

Penalty group has a sub-group 2-A that consists of compounds that mimic cannabinoids, like K2 or spice.

Penalty Group 3

Penalty group 3 includes opioids and opiates not listed in penalty group 1, like Valium, anabolic steroids, or Ritalin. These are still very addictive but have medical purposes.

Penalty Group 4

Penalty Group 4 includes opioids and opiates not listed in Group 1 and a variety of prescription medications. Penalties are similar to penalties in group 3, with the minor exception of possession of a drug less than 28 grams, which is classified as a class B misdemeanor subject to a maximum jail time of 180 days and a fine up to $2,000.

Marijuana

Possession of marijuana remains illegal in the state, and its penalties vary based on the amount. Possessing marijuana paraphernalia also incurs penalties, ranging from fines to jail time.

Penalties for marijuana offenses range from 180 days in county jail to 99 years in state prison and/or a fine that can amount to $100,000, depending on the weight of the marijuana found, the intended purpose (personal use versus manufacture or delivery), and the classification (class B misdemeanor versus enhanced 1st-degree felony). Considering the severity of these penalties, it could help to work with an experienced marijuana defense lawyer if you face such charges.

Other Consequences Of A Drug Conviction

A drug conviction can cast a long shadow over one's life. Beyond the immediate impact, such as jail time or fines, there are lingering effects that can last a lifetime.

• Employment and Housing Challenges:

A conviction on your record can make job hunting an uphill battle. Many employers hesitate to hire individuals with criminal records, which could lead to limited career opportunities. Additionally, securing housing becomes difficult as landlords often conduct background checks.

• Professional Licensing:

Obtaining professional licenses may become arduous, if not impossible. Many boards have strict guidelines about granting licenses to those with criminal records, severely impacting one's career aspirations in fields like healthcare or law.

• Family Impact:

The implications extend to family life. The stress and strain of a conviction can affect relationships and family dynamics, leading to potential struggles in maintaining those bonds.

• Freedom and Future Prospects:

Convictions can restrict personal freedom, affecting the ability to travel outside the country. Future plans may be thwarted, impacting dreams and aspirations significantly.

We emphasize the importance of understanding these broader implications when facing a drug charge. The stakes are high, and navigating the legal system with proficient guidance is crucial to safeguarding one's future.

Common Defenses In Drug Crime Cases

You should always know that you always have the right to defend yourself in drug cases. Working with a skilled attorney could be the difference between freedom. And incarceration for you. There are several defenses that could apply to invoke a dismissal or reduced charges.

• Unlawful Search and Seizure:

The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducts a search without a valid warrant or probable cause, any evidence uncovered can be deemed inadmissible. 

• Lack of Intent:

In many cases, it's crucial to establish that you did not knowingly possess or intend to distribute drugs. This defense can be effective when insufficient evidence exists to link the accused to the illegal substances. Here, you can claim that the drugs were not under your care, custody, or control or were put there without your knowledge.

• Entrapment:

Entrapment occurs when police induce someone to commit a crime they otherwise would not have committed. Using this defense requires proving that the idea for the crime originated with law enforcement, not with you.

• Plea Bargain:

When the evidence is substantial, negotiating a plea bargain might be in your best interest. This can result in reduced charges or penalties, allowing for a more favorable outcome.

Other defenses include: 

• The drugs were prescribed by a licensed medical professional.

• There were not enough drugs in your possession for a valid arrest.

• There were crime lab mistakes, and the chemical analysis did not reveal an illegal substance.

• The drugs -- as evidence -- were lost or misplaced.

In our practice at Jason S. English Law, PLLC, we apply these defenses to protect our clients' rights throughout their trials. Ensuring that trials are carried out fairly, we aim for the most favorable outcomes. Our experience in handling complex drug charges allows us to navigate the legal system effectively, using every available tool to benefit those we represent.

Contact Jason S. English Law, PLLC, for a Free Consultation

If you have been charged with a drug crime, contact an attorney who knows the law and the court system. As you can see, there is a lot at stake if you are convicted. Our team at Jason S. English Law, PLLC, is here to provide support and advice, ensuring you have a chance for the best possible outcome. Fighting the charge is your primary chance of securing your rights and your freedom. Contact Jason English today for a free initial consultation.