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Category: Drug Crimes

Nov 22
2019

Civil Forfeiture: The “Secret” Texas Drug Crime Penalty

Drug Crimes

Let’s say you get pulled over by the police as you’re driving your truck toward the border. The officers question you and find bullets in your car.

You have a concealed carry permit, but no weapons in the vehicle. The police don’t care that you’re just heading over the border to talk about business with a family member. They seize your truck.

You didn’t commit any crime whatsoever, but you can’t get your truck back. What would you say if we told you this scenario is perfectly legal in the state of Texas?

This exact situation has happened before due to a relatively unknown policy called civil forfeiture. Being aware of it could save you from unfairly losing out.

What

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Sep 5
2019

What Rules Does Texas Have About Police Dogs and Drug Charges?

Drug Crimes | Drug Possession | Drug Trafficking

The Fourth Amendment clearly states the right of all Americans to be protected against unlawful search and seizures by law enforcement. This right extends to someone’s property, home, and person.

But where do police dogs fit in?

You might have seen them at airports, music festivals, or other areas where drugs or weapons may be present.

Are these dogs violating your Fourth Amendment rights? What does that mean when they find controlled substances on your person and you are suddenly facing drug charges?

This Is Not a Texas Search: United States v. Place

Most likely, you will run into drug-sniffing dogs at airports. As you wait to check in or move through security, dogs might come around and sniff your [...]

Jul 13
2019

Mandatory Minimums for Texas Drug Trafficking Convictions?

Drug Crimes | Drug Trafficking

In Texas, sentencing for drug trafficking crimes at the state level is still left up to the discretion of the judge who hears your case.

Based on criminal history and any mitigating or aggravating factors, the right Ft. Worth drug trafficking defense attorney may be able to negotiate your sentence down to the lower end of the penalty range.

Cross state lines with any significant amount of a controlled substance, however, and your case may quickly become one of federal interest. Although key changes to drug laws may be happening in the near future, Texas drug trafficking convictions are still subject to mandatory minimums today.

In this post, we share what those new statutes say, explain how mandatory minimums for [...]

May 26
2019

How Texas Penalty Groups Impact Drug Possession Charges

Drug Crimes | Drug Possession

According to the Texas Controlled Substances Act, when a prosecutor can prove beyond a reasonable doubt that you intentionally possessed or controlled the possession of illicit drugs without a valid prescription and not for medical use, you will likely be convicted on drug possession charges.

Generally, drugs are divided into five penalty groups – Penalty Groups 1 through 4, and a separate grouping for possession of marijuana appropriately deemed the “Marijuana Group.” Which group “your” substance falls into can impact the drug charges you face.

In this post, we outline which substances fall under each Texas drug penalty group, and how classification can affect your drug possession charges.

Penalty Group 1

When you are found guilty of possessing any controlled [...]

Apr 19
2019

When Prescription Drugs Can Get You Charged with a Crime in Texas

Drug Crimes | Prescription Drugs

When we think of “drugs,” we typically think of two types: controlled substances (illegal drugs like marijuana and cocaine) and prescription drugs.

In the eyes of the law, these two types of drugs aren’t always so different. There are many scenarios where people can be arrested and charged with a crime even if they are caught with drugs that you can get from a health professional.

Moreover, charges related to prescription drugs can be just as serious as charges related to drugs typically considered more “serious.”

How might you potentially get charged with a crime related to a prescription drug in Texas?

Texas Possession Laws and Prescription Drugs

A handful of prescription drugs double as serious controlled substances. Having these [...]

Mar 1
2019

Actions That Texas Considers Drug Trafficking

Drug Crimes | Drug Trafficking

The U.S. Department of Justice reports that drug trafficking constitutes 1 in every 5 drug-related arrests made in the United States. Texas is no exception to this, as drug trafficking is quite common here.

In fact, parts of the Lone Star State have been described as High-Intensity Drug Trafficking Areas, and the DOJ reports that the Texas-Mexico border is extensively used by Drug Trafficking Organizations to bring illicit drugs into the U.S.

Partially because of this, Texas courts don’t take drug trafficking charges lightly. Sentencing guidelines for drug trafficking crimes are outlined in sections 481.112, 481.113, 481.1121, and 481.114 of the Texas Health and Safety Code. If found guilty, one may be served with the following sentences:

  • Minimum
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