Comprehensive Defense for Drug-Related Charges in Texas
No matter what the public opinion may be on certain drugs, most counties in Texas such as Travis County, carry a clear and severe stance against them. It’s important to understand the gravity of the situation and the potential impact it can have on your future. That’s where a skilled and experienced Austin Drug Crimes Lawyer comes in to support your case.
Common Drug Crimes in Austin, TX
In Texas, drug offenses are taken very seriously, no matter what the charge. Here are some of the most common drug offenses under Texas law:
Possession of Controlled Substances: Possession of illegal drugs, such as cocaine, methamphetamine, heroin, or even prescription drugs is a common drug offense in Texas. The severity of the offense and the potential penalties depend on the type and amount of drugs involved.
Distribution and Trafficking: Drug trafficking involves the transportation, distribution, or sale of illegal drugs. It is a serious offense that can result in significant fines and lengthy prison sentences, especially for larger quantities and more dangerous drugs.
Manufacturing of Illegal Drugs: Obtaining prescription drugs through fraudulent means, such as forgery or deception, is considered prescription drug fraud. This offense can lead to criminal charges and legal consequences.
Why Choose Our Firm for Your Drug Crime Defense in Austin?
If you are facing drug charges, it’s crucial to have an experienced Austin Drug Crime Attorney by your side. At the Law Office of David D. White PLLC: Austin Criminal Lawyer, we provide professional legal guidance to help you understand the severity of drug crimes and the serious consequences they can bring.
We are focused on our clients’ needs. From the first meeting, we ensure open communication, listening to your side of the story, answering questions, and addressing concerns. This personalized approach helps build a strong attorney-client relationship, which is crucial for achieving the best possible outcome in your case.
Aggressive representation. We meticulously investigate your case, evaluate the evidence, and develop a robust defense strategy. Our goal is to challenge the prosecution’s case, negotiate for reduced charges or penalties, or seek a dismissal whenever possible.
In Texas, controlled substances are categorized into penalty groups based on their potential for abuse, accepted medical use, and potential for causing physical or psychological dependence. The Texas drug penalty groups range from 1 to 4, with penalty group 1 including the most dangerous and addictive substances. If you are found in possession of a controlled substance, the penalty you face will depend on the penalty group of the substance involved. You can face misdemeanor or felony charges, with corresponding fines and potential jail time. However, never underestimate any degree of drug charges. Even charges arising from penalty group 4 substances can result in serious consequences and a permanent criminal record, so never take any level of drug-related charges lightly.
Potential Penalties for Drug Offenses in Austin, TX
The severity of the penalties largely depends on several factors, such as the type and quantity of drugs involved, the intent of the individual, and any previous criminal history. However, if you are found guilty of possessing larger quantities of drugs or are charged with drug trafficking or manufacturing, the penalties can be significantly harsher. These offenses are considered felony charges and can lead to lengthy prison sentences, substantial fines, and a permanent criminal record.Prosecutors will aggressively pursue drug charges and seek the maximum penalties allowed by law. For this reason, you always want to have a skilled and experienced criminal defense attorney by your side to protect your rights and fight for the best possible outcome.
Misdemeanors vs. Felonies: What You Need to Know
One of the first things to consider when facing drug charges is the varying degrees of offenses and their associated penalties.Texas law categorizes drug offenses into either misdemeanor or felony classes, depending on factors such as the type and amount of drugs involved, as well as whether there was an intent to distribute. Possession of small amounts of drugs for personal use is typically considered a misdemeanor offense, which can result in fines, probation, and drug education programs.
Fines, Jail Time, and Other Legal Consequences
Depending on the nature of your charges, you could be facing one of many different levels of charges, each with its consequences. The consequences of misdemeanor and felony charges are:
Misdemeanor charges
Class C – $500 in fines
Class B – 6 months in jail, $2,000 in fines
Class A – 6 months in jail, $4,000 in fines
Felony charges
State jail – 6 months to 2 years in state jail and up to $10,000 in fines
3rd-degree – 2 to 10 years in prison and up to $10,000 in fines
2nd-degree – 2 to 20 years in prison and up to $10,000 in fines
1st-degree – 5 to 99 years in prison and up to $10,000 in fines
Collateral Consequences of a Drug Possession Charge in Austin, TX
If you’ve been charged with drug possession in Austin, it’s important to understand that the consequences can extend beyond the immediate legal penalties. In addition to court-ordered fines, probation, and potential jail time, a drug possession charge can have long-lasting collateral consequences that can impact various aspects of your life.
Impact on Employment, Housing, and Education.Employers, landlords, and even educational institutions that conduct background checks may view a drug possession charge as a red flag, potentially affecting your chances of securing employment, finding housing, or obtaining financial aid for education.
Loss of Professional Licenses and Certifications. Drug possession charge may also affect your eligibility for certain professional licenses. Many professions, such as healthcare, law enforcement, and teaching, require individuals to have a clean criminal record. A drug possession conviction can jeopardize your chances of obtaining or maintaining these licenses.
Driver’s license. In Texas, a drug possession conviction can result in a suspension of your driving privileges. This can have serious implications for your ability to commute to work or fulfill family responsibilities.
Immigration Consequences. For some drug convictions, there might also be serious immigration consequences for non-U.S. citizens, including potential removal or deportation proceedings.
We can help you understand all the possible implications of a guilty plea if you are considering accepting a plea deal. You should never agree to plead guilty without being completely aware of not only the possible criminal sentence you might receive, but also the collateral consequences of your plea.
Defending Your Rights: How the Fourth Amendment Can Protect You
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. This means that the police must have a valid legal reason to stop you, search your belongings or vehicle, or seize any evidence. If they violate your Fourth Amendment rights during the arrest or search process, any evidence obtained may be deemed inadmissible in court.However, the evidence is not automatically kept out of court. Instead, your defense attorney must file a motion with the criminal court for the judge to rule the evidence inadmissible based on legal arguments. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we will thoroughly analyze the circumstances of your arrest to determine if any Fourth Amendment violations occurred. If a violation is identified, your attorney can file a motion to suppress the evidence, potentially resulting in the dismissal of your case or a reduction in charges.
“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”
Contact an Austin Drug Crimes Lawyer for a Free Consultation. Available 24/7
Our goal as your legal representative firm is to explore every possible option of either overcoming or dismissing your charges. From attacking the quality of the prosecution’s strategy, to negotiating to reduce the sentencing of a conviction, we don’t leave any stone unturned when it comes to your defense.Contact us now.
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If you are searching for the best attorney in Austin, look no further than David White. From start to finish, he exceeded all of our expectations and provided a level of service that truly stands out. From our very first meeting, David White took the time to thoroughly understand our case, explain every step of the process in clear terms, and answer all of our questions. His expertise, confidence, and approachable demeanor immediately put us at ease during what was a very stressful time for our family. Throughout the process, he was always available to provide updates, address any concerns, and ensure we felt supported. His attention to detail, strategic thinking, and knowledge of the law were nothing short of exceptional. Thanks to his relentless efforts and skill, our case was dismissed, and we couldn’t be more grateful. What sets David, White apart is not only his expertise but also his genuine care for his clients. He goes above and beyond to make sure you feel heard, understood, and represented in the best possible way. It’s clear that he is passionate about helping people and delivering justice. I can confidently say that David White is the best attorney I have ever worked with, and I wholeheartedly recommend him to anyone in need of legal assistance. He truly is a master of his craft and a shining example of what an attorney should be. Thank you, David White, for everything you’ve done for us!
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, our experienced attorneys are committed to defending clients facing serious criminal charges and providing expert legal assistance for Drug Crimes cases in the Travis County area. Our firm is conveniently located near you at 608 W 12th St Ste B, Austin, TX 78701, United States. Find us with our GeoCoordinates: 30.27593924306679, -97.74695361060651.
Explore the most frequently asked questions we receive about defending drug crime cases in Austin, Texas.
Beating a possession charge in Texas requires a strategic and well-prepared defense strategy. Here are some key steps that should occur:
Hire an Austin drug crime attorney with experience handling drug defense cases. They will have the knowledge necessary to develop a strong defense strategy tailored to your specific situation.
Challenge the validity of the search and arrest. Your attorney will identify any violations of your rights and use them to your advantage in your defense by working to suppress key evidence.
Assess the strength of the prosecution’s case. Your attorney will carefully examine the evidence against you, including any witness statements, lab reports, and police reports. They will identify any weaknesses or inconsistencies that can be used to challenge the prosecution’s case.
Explore alternative sentencing options. Depending on the circumstances of your case, your attorney may be able to negotiate a plea agreement or alternative sentencing options, such as drug rehabilitation programs or probation.
The penalties for drug possession in Texas vary, depending on factors such as the type and quantity of the drug involved or any prior criminal history. Possession of a controlled substance might be a misdemeanor offense with a maximum punishment of one year in county jail or a felony offense with a potential prison sentence ranging anywhere from 2 years to life.
Each case is different, and the exact length of a jail sentence will depend on the specific circumstances, the prosecutor’s recommendations, and the judge’s discretion. Often, with the right defense attorney, you can avoid jail time and instead serve probation or participate in drug court or similar programs.
It is important to note that these are general guidelines, and the specific quantities may vary depending on the circumstances and the specific drug laws. Consulting with an experienced Austin drug crime attorney will give you a better understanding of the potential charges you may face based on the quantity of drugs involved in your case.
Probation is a possibility for certain felony drug charges in Texas, but it depends on various factors, including the specific offense, criminal history, and the judge’s discretion. In some cases, a qualified Austin drug crime attorney may be able to negotiate a plea agreement that includes probation as an alternative to incarceration.
However, probation typically comes with strict conditions that you must follow, including regular drug testing, community service, and mandatory participation in drug treatment programs. Violating probation terms can result in revocation and the imposition of the original jail or prison sentence. Your lawyer will review probation terms with you to ensure you can adhere to them.
In Texas, expungement is the legal process of clearing or erasing a criminal record. However, expungement is generally not available for convictions of drug possession. If you were convicted of drug possession in Texas, your best course of action is to consult with an experienced drug crime attorney who can guide you through the process of sealing your criminal record if applicable.
The availability of record sealing, also known as non-disclosure, depends on your circumstances, including:
The specific offense
Completion of probation or deferred adjudication
The time since the completion of your sentence
An attorney can evaluate your eligibility and help you take the necessary legal steps to seal your record, providing you with a fresh start.
Wow! Mr. David White is truly AMAZING. He was very professional and focused on every detail. David was honest and straight forward from the very beginning. I felt like the system failed me, and David righted that by taking on this case with an incredible presentation of facts. He was very persistent and determined throughout the whole process. This was a big win for my family and I. We are very grateful to have such an great attorney In our corner.
Brandon Brown
We Cannot Thank David Enough
I dealt with David around 2011 for a DWI in Austin. He was really effective with my case at hand and guided me through the whole process with ease and Peace of mind. Thank you again.
Joseph Z
Strongly Recommend David White
I called David last August after my daughter got a minor in possession while away in college. My wife & I were terrified that this mistake might cost our daughter dearly. Luckily for us, we found David to take care of this for us. He walked us through the process during the initial free consultation. Several months later the case was dismissed and ultimately expunged. We cannot thank David enough for all his help in protecting our daughters future!
Result: Dismissed after Motion to Suppress Illegally Obtained Evidence Granted.
Allegations: Client pulled over after swerving
several times into adjacent lane. Client had strong odor of alcohol, slurred speech, bloodshot and watery eyes and was swaying…read more
*The results discussed here are not necessarily representative of the resutls acheived in all cases. The facts and circumstances of each case is different and must be evaluated on its own merit.
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