Dallas/Fort Worth Drug Trafficking Lawyer
Drug trafficking charges are followed by daunting and complex cases that require an experienced Dallas/Fort Worth drug trafficking lawyer to support you throughout your case. Texas doesn’t take these charges lightly and even a first offense can land a minimum of five years in jail. So, who you choose to represent you in court could mean the difference between at least half of a decade in prison and your freedom.
The drug trafficking lawyers at Westfall Sellers have experience defending clients accused of distribution in both state and federal courts. We know how high the stakes are, and we know how to help.
If you or a loved one has been arrested on drug trafficking charges, do not wait—call the federal drug lawyers at Westfall Sellers and ask them to start building your defense today.
What is considered drug trafficking in Texas?
Drug trafficking, according to 21 U.S. Code § 841, occurs when any person “knowingly or intentionally
- manufactures, distributes, or dispenses; or
- possesses with intent to manufacture, distribute, or dispense
a controlled substance.” The severity of a charge for drug trafficking in Texas depends largely on the amount of drugs possessed and the penalty group that those drugs fall into. A few commonly trafficked drugs and their groups, according to the 2022 Schedules for Controlled Substances in Texas, are as follows:
- Group I: heroin, cocaine, methamphetamines, ecstasy, LSD, marijuana
- Group II: PCP, codeine, morphine, oxycodone
- Group III: ketamine
- Group IV: tramadol
As you can see, marijuana is a Schedule I substance under Texas law, and although many police departments are no longer arresting for small amounts of marijuana, large amounts can still land you a charge for drug trafficking.
Federal drug trafficking charges
Federal charges for drug trafficking can be much steeper than basic drug possession and distribution charges and are not uncommon for those who are arrested for drug trafficking in Texas. Drug trafficking charges become federal in a few situations including in scenarios where:
- A federal officer made the arrest
- Drugs were being moved across state lines
- The case involved money or product believed to be connected with a criminal organization
- Death occurred in connection with the case, especially across state lines
- A very large amount of drugs were found
- The drugs were part of Medicare or Medicaid fraud, illegal prescription schemes
Federal charges are much more serious than basic drug charges in Texas courts and require specialized federal criminal lawyers with extensive experience going to trial in federal court. If you or a loved one has been visited or contacted by a federal agent about alleged federal drug crimes, it’s never too early to hire a criminal defense attorney who knows how to beat federal drug charges.
How many years do you get for drug trafficking in Texas?
So what are the penalties for drug trafficking in Texas? They are uniformly severe, with all penalty groups requiring 5-10 year minimum prison sentences.
|1||50 – 2,000 pounds (1 ton)||1st degree felony||5 – 99 years in state prison||Up to $10,000|
|1||>2,000 pounds||Enhanced 1st degree felony||10 – 99 years in state prison||Up to $100,000|
|2||4 to 400 grams||1st degree felony||5 – 99 years in state prison||Up to $10,000|
|2||>400 grams||Enhanced 1st degree felony||10 – 99 years in state prison||Up to $100,000|
|3||200 to 400 grams||1st degree felony||5 – 99 years in state prison||Up to $10,000|
|3||>400 grams||Enhanced 1st degree felony||10 – 99 years in state prison||Up to $100,000|
|4||200 to 400 grams||1st degree felony||5 – 99 years in state prison||Up to $10,000|
|4||>400 grams||Enhanced 1st degree felony||10 – 99 years in state prison||Up to $100,000|
What is the statute of limitations on drug trafficking in Texas? Federal drug charges typically have a statute of limitations of five years, but there are many exceptions that can cause the statute of limitations not to apply.
Although you might get some leniency for first time drug possession charges in Texas, there is no leniency when it comes to trafficking. If you want to avoid a lengthy stay in prison you’ve got to win your case, and if you’re hoping to win a drug trafficking case, it’s crucial to give yourself the best chance by hiring a lawyer with experience doing just that.
How does a drug trafficking lawyer win a drug trafficking case?
In order for a federal court to prosecute someone for drug trafficking, they have to prove the following:
- They had control of the controlled substance
- They had knowledge of their possession of the controlled substance
- They had knowledge that possession of the controlled substance was illegal
- The controlled substance was purposed for sale
Your attorney’s first strategy will be disproving these four essential elements to any drug trafficking case. If the controlled substance was never in your possession, you never had knowledge of it, or did not intend to sell the substance, then federal trafficking charges would not hold up. If these four basic elements cannot be disproved, your lawyer will look to enlist one of many defenses, such as:
- It could be argued that you were an unwitting conspirator, and were simply in the wrong place at the wrong time.
- The police sometimes obtain evidence incorrectly through illegal use of search and seizure.
- False testimonies, unreliable witnesses, and bad information abound in drug conspiracy cases. Whether someone is feeding information to lessen their own sentence or take petty revenge, sources of information are often unreliable.
- Coercion into making statements and giving up information can deem testimonies and confessions inadmissible.
The specifics of your case will determine what defenses are available to you, but one thing is for sure: without a good lawyer, you’ll have little chance of building a strong enough defense against your charges to win your case.
If you have been accused of drug trafficking in Tarrant County, or anywhere in Texas, call the aggressive and experienced federal criminal defense attorneys from Westfall Sellers.
Defend your life with the Dallas Fort Worth drug trafficking lawyers at Westfall Sellers
Arrests for drug trafficking can make your life disappear before your eyes, hold on to your freedom by hiring the best drug trafficking lawyers in Dallas/Fort Worth, like those from Westfall Sellers.
The criminal defense attorneys at Westfall Sellers have experience defending drug crimes in federal courts and winning. You need a lawyer who can handle the DEA, the FBI, and the complexities that come with multi-agency, multi-state investigations. Call Westfall Sellers today at (817) 928-4222 or contact us online for a free consultation.