Category: Drug Possession

How Texas Penalty Groups Impact Drug Possession Charges

By: Brandon Fulgham

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 [...]

How Long Do Drug Trafficking Investigations Take in Texas?

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

The short answer: It varies, but more likely than not, a long time.

Take for instance an operation finally shut down last month involving drug traffickers with Mexican cartel ties. The Star Telegram reported that federal, state, and local authorities investigated nearly five years before finally moving in on a ring distributing narcotics in North Texas.

Thirteen suspects were arrested after FBI agents raided a home just across the street from an elementary school in Grand Prairie and seized 380 grams of heroin, five kilograms of meth, and a shotgun. In conjunction with the same investigation, seven weapons and cocaine were being discovered and seized from two other locations in Dallas at the same time.

If the suspects are convicted, [...]

Get Convicted of a Texas Drug Crime, Face Deportation

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

Within days of his 2017 inauguration, the President had already drawn up and signed an executive order to strengthen the enforcement of U.S. immigration laws targeting immigrants deemed a threat to public safety, and particularly “aliens who engage in criminal conduct in the United States.”

Houston Public Media reported less than a month later that 680 arrests were made during raids within a single week, and that 75 percent of the detainees had convictions – including convictions on drug-related offenses. U.S. Rep. Joaquin Castro of San Antonio confirmed around the same time that ICE agents across Texas were conducting these targeted raids.

All of them fall under the ongoing domestic operation known as Operation Cross Check, which was originally [...]

What Every Texan Should Know about Drug-Free Zones

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug-Free Zones

There are many factors that go into charges and penalties for Texas drug crimes. Unfortunately, not all of these factors are fair to the offender.

How so? There are many laws throughout Texas and the country at large that purposely and unfairly increase the penalties against people accused of using or dealing drugs.

One of the first and most notorious of these laws established “drug-free zones.” These laws still exist today, and if you are charged with committing drug crimes in these areas, you could face especially harsh penalties if you don’t get in touch with a knowledgeable lawyer quickly.

What Are Drug-Free Zones?

Drug-free zones are one part of the country’s notorious and failed attempt at a “War on [...]

Penalties Associated with Texas Drug Possession Charges

By: Brandon Fulgham

Drug Crimes | Drug Possession

If you are facing drug possession charges in Texas, you need to know the penalties you may be facing. Below, we will cover what the law says, the associated penalties, and possible defenses for your charges.

Texas Drug Possession Laws

The Texas Controlled Substances Act assigns penalties according to the type and amount of drug involved. Drugs are classified into four groups, based on their ability to cause addiction and their medical value. Penalties are given according to the penalty group.

Penalties for Group 1:

• Less than one gram: minimum 180 days in jail or maximum two years in prison, maximum fine of $10,000, or both
• Between one gram and four grams: between two and ten years in prison,

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How Possession Can Be Charged as Drug Trafficking in Texas

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

 

In Texas, you can be charged with drug trafficking even if you have never transported or distributed drugs. Below, we’re going to detail how our state’s drug trafficking and possession laws, and what you can do to fight back against your charges.

Factors that Indicate Drug Trafficking

Law enforcement officers in Texas consider several different elements when making drug trafficking charges. Here are several elements that come into play:

• Large amount of a single drug
• Large amount of a variety of different drugs
• Lack of prescriptions for drugs
• A significant amount of cash
• A cache of weapons
• Weighing scales and packaging materials

The main element is an amount that is “unreasonable” for personal use. Depending on the drug, [...]