Drug Crime Lawyer Serving Erath & Hood Counties, TX

Also Defending the Accused in Stephenville, Granbury, Somervell County, Comanche County, Parker County & Eastland County

Drug crimes are among the most commonly prosecuted in Texas criminal courts. Texas courts take these crimes very seriously; convictions can have lifelong consequences, from hefty fines, probation, and jail or prison time to a permanent criminal record that can negatively impact future life opportunities.

If you or a loved one have been arrested or charged with a drug crime, it is paramount that you put an experienced drug crime defense lawyer on your side. At the Law Offices of Landon Northcutt, our legal team has provided aggressive legal representation to Texans in such cases for over 25 years. We understand your challenges and are here to help you navigate the legal system.

To learn more about how our firm can help you, call us at (254) 355-4654 or contact us online for a free initial case review. 

Controlled Substances in Texas

Controlled substances are defined as drugs or chemicals whose manufacture, possession, or use is regulated by the government under the Texas Controlled Substances Act and federal law. This includes a broad range of substances, from illicit drugs to prescription medications that have a potential for abuse and dependency.

Categories of Controlled Substances Under Texas Law

Controlled substances in Texas are classified into different categories known as "schedules" based on their potential for abuse, risk of dependency, and accepted medical use.

Schedule I substances have a high potential for abuse and no accepted medical use. Examples include heroin, LSD, and ecstasy.

Schedule II also has a high potential for abuse, leading to severe psychological or physical dependence, but may have some accepted medical uses with severe restrictions. Drugs like cocaine, methamphetamine, and certain potent opioids fall under this schedule.

Schedule III drugs have a moderate to low potential for physical and psychological dependence and accepted medical uses. This includes anabolic steroids and medications containing lower doses of codeine.

Schedule IV has a lower potential for abuse relative to Schedule III drugs and includes medications such as Xanax, Valium, and Ambien.

Schedule V is the lowest risk category with less potential for abuse than Schedule IV drugs. It consists of preparations containing limited quantities of certain narcotics often used for medical purposes.

Types of Drug Charges in Texas

Drug offenses can be charged as either a misdemeanor or a felony, depending on the case's specific circumstances. How you are charged and the penalties you face are dictated by the type and amount of drugs found, your prior criminal history, if any, and other factors, such as if minors or deadly weapons were involved. 

In Texas, drug charges can include:

• Possession: Possession of a controlled substance is a criminal offense with penalties based on the type and amount of drugs. The most severe penalties are reserved for people caught with large quantities and those accused of intent to distribute.
• Manufacturing or cultivation: The penalties for these crimes are much more severe than those for drug possession because drug manufacturers and cultivators are often involved in drug trafficking operations that can cross state lines and international borders.
• Delivery or sale: Drug delivery or sale penalties can vary, with the most severe reserved for those caught selling large quantities. 
• Drug trafficking: Trafficking is a criminal offense that involves the production, distribution, and sale of illegal drugs. It is a felony offense with significant penalties, from substantial fines to lengthy prison sentences. Texas has some of the strictest drug trafficking laws in the country.
• Prescription drug fraud: This criminal offense involves the illegal acquisition of prescription drugs, such as forging a prescription, altering a prescription, or obtaining a prescription through fraud or deception. Penalties can include fines, probation, and prison time.
• Drug paraphernalia: Drug paraphernalia is any equipment, product, or material that is used to cultivate, manufacture, or consume illegal drugs. Possession of drug paraphernalia is generally a Class A misdemeanor unless it involves someone under 18, which could be a state jail felony. 

Drug delivery, manufacture, and trafficking are the most serious of all drug crimes; these are generally charged as felonies. These can include state jail felonies to third-degree, second-degree, and first-degree felonies, with incarceration times ranging from up to two years, 99 years, or life in prison. 

State vs. Federal Drug Crimes

Drug crimes can be charged at either the state or federal level, depending on the specific circumstances of the case. The penalties for drug crimes in Texas can be severe, but federal drug charges can carry even more significant penalties. 

State drug crimes involve offenses such as:

• Drug possession
• Drug manufacturing and cultivation
• Drug delivery and sale
• Drug trafficking

Federal drug crimes involve offenses such as:

• Drug trafficking across state lines
• Drug trafficking within a drug-free school zone
• Drug trafficking that involves the use of a minor
• Drug trafficking that involves the use of a firearm
• Drug trafficking that involves a large quantity of drugs

One of the main differences between state and federal drug charges is the penalties. Federal drug charges can carry much more significant penalties than state drug charges. Working with an experienced drug crime defense attorney who understands the federal legal system is essential if you are facing federal drug charges.

Penalties for Drug Crimes in Texas

The penalties for drug crimes in Texas depend on the specific offense; because drug offenses are taken very seriously, the potential penalties can be steep. In addition to the legal penalties, a drug crime conviction can have lifelong consequences. A conviction can make finding employment, securing housing, and qualifying for federal student aid complex. 

If you are convicted of a drug crime, you may also lose your driver’s license and your right to own a firearm. While penalties can be severe, many possible defenses may be used to fight drug charges.

The potential penalties for drug crimes in Texas can include:

• Fines
• Probation
• Driver’s license suspension
• Community service
• Drug treatment
• Random drug testing
• House arrest
• Diversion programs
• Prison time

Defending Against Drug Crime Conviction

Many possible defenses to drug charges are available, and the defense will depend on the specific circumstances of your case. Our experienced drug crime attorney for Erath and Hood Counties can help you understand your legal options and develop an aggressive defense strategy.

Possible defenses to drug charges in Texas include:

• Unlawful search and seizure: All drug seizures must be conducted per the law. If law enforcement violated your Fourth Amendment rights during the search and seizure, your attorney can file a motion to suppress the evidence.
• Crime lab errors: The drugs in your case must be tested in a crime lab. However, crime labs are fallible. Many possible errors can occur during the testing process. An experienced drug crime defense attorney can review the evidence in your case and determine if errors occurred. If the evidence against you is compromised, your attorney can file a motion to suppress the evidence.
• Chain of custody issues: Many links exist in the chain of custody process. If mistakes occur, your attorney can file a motion to suppress the evidence.
• Entrapment: If law enforcement induced you to commit a drug crime that you would not have otherwise committed, your attorney can argue entrapment. You must show that you had no previous intent to commit the crime.
• No knowledge: If you were unaware that the drugs were in your possession, your attorney could argue no knowledge.
• No intent to distribute: If you are charged with intent to distribute, your attorney can argue that you did not have that intent. 

Trust the Experience & Skills of the Law Office of Landon Northcutt

If you are facing drug charges, it is critical to consult with our Erath County drug crime defense attorney as soon as possible. The sooner you do, the sooner we can build a robust defense on your behalf. We represent individuals in all situations, from college students to adults from all walks of life, socioeconomic backgrounds, and ethnic groups.

At the Law Offices of Landon Northcutt, we will thoroughly review the evidence in your case and help you understand your legal options. Our criminal defense lawyer can fight aggressively to protect your rights and help you achieve the best possible outcome.

Request a free case evaluation with an Erath drug crime attorney by contacting us online or at (254) 355-4654.