Knowing how to get a drug trafficking charge dismissed in Texas calls for a comprehensive grasp of state and federal law across many disciplines — the type that you will only find by hiring the best federal drug lawyer Dallas/Fort Worth has to offer.
Drug trafficking is a serious offense, typically involving the manufacturing, distribution, or possession of large quantities of illegal narcotics. The severity of drug trafficking charges, and the resulting penalties, often depend on the quantity and type of drug involved, but are uniformly severe and are prosecuted zealously in state and federal courts.
To get a drug charge dismissed in Texas, it’s essential to have an experienced and aggressive drug trafficking attorney on your side. They can leverage their expertise and experience to unearth any procedural errors, constitutional violations, or other weaknesses in the prosecution’s case that could provide grounds for dismissal.
What is drug trafficking?
According to the Texas Controlled Substances Act, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Schedules I through V or in Penalty Group 1, Penalty Group 1-A, Penalty Group 2, or Penalty Group 3.
Penalty Groups 1 and 1-A include substances such as heroin, cocaine (crack), hydrocodone (Vicodin), methamphetamine (crystal meth), LSD, and ecstasy, while Penalty Group 2 contains substances such as hallucinogenic drugs like acid, and certain prescription drugs.
According to 21 U.S. Code § 841, drug trafficking charges can be federal offenses in Texas under certain circumstances, including:
- The drugs allegedly trafficked were moved across state lines
- The case involved drugs or money that can be traced back to a criminal organization
- Death or serious injury occurred during the commission of the trafficking
- A federal officer made the arrest
- An especially large amount of drugs were being trafficked
- The drugs were manufactured legally, as this can indicate a connection with Medicare or Medicaid fraud
Because federal charges are much more serious than drug charges at the state level, you need to make sure to work with an attorney who has experience winning cases in a federal court, like the attorneys at Westfall Sellers.
Drug trafficking penalties in Texas
The penalties for drug trafficking depend on the amount of drugs involved and the classification of the drug. Texas takes drug offenses very seriously, so it’s essential to hire an experienced federal drug attorney in Dallas/Fort Worth to help reduce or dismiss charges.
Some examples of local and federal drug trafficking penalties in Texas are:
|Penalty Group||Weight||Classification||Jail Time||Fine|
|1||50 – 2,000 pounds (1 ton)||First-degree felony||5 – 99 years in state prison||Up to $10,000|
|1||>2,000 pounds||Enhanced first-degree felony||10 – 99 years in state prison||Up to $100,000|
|2||4 to 400 grams||First-degree felony||5 – 99 years in state prison||Up to $10,000|
|2||>400 grams||Enhanced first-degree felony||10 – 99 years in state prison||Up to $100,000|
|3||200 to 400 grams||First-degree felony||5 – 99 years in state prison||Up to $10,000|
|3||>400 grams||Enhanced first-degree felony||10 – 99 years in state prison||Up to $100,000|
|4||200 to 400 grams||First-degree felony||5 – 99 years in state prison||Up to $10,000|
|4||>400 grams||Enhanced first-degree felony||10 – 99 years in state prison||Up to $100,000|
As you can see, the severity of the potential penalties for drug trafficking charges in Texas further validates the need for skilled legal representation to help you navigate the legal system effectively.
How do I get a drug charge dismissed in Texas?
To get a drug charge dismissed in Texas, there are several strategies your attorney could employ depending on the specifics of your case:
1. Insufficient evidence
The prosecution must provide enough evidence to prove beyond a reasonable doubt that you possessed the illegal substance and intended to distribute it. If they fail to do this or are only able to prove mere possession, your attorney can either argue that the charges should be reduced or even that you should be acquitted.
2. Constructive possession
In other words, your attorney can try to prove that the drugs belonged to someone else. If you were not physically in possession of the drugs but they were found in a place you had access to, such as your home or vehicle, your attorney can argue that you had no knowledge of the drugs being there. This is known as disputing “constructive possession.”
3. Illegal search and seizure
Your attorney could argue that law enforcement violated your Fourth Amendment rights during the search and seizure of the drugs. For example, if they conducted the search without a warrant, it can be argued that the evidence obtained during the search cannot be used against you in court. If the court finds that your rights were violated, it may suppress the evidence, which could lead to a dismissal of the charges.
4. Prove you weren’t included in the alleged drug trafficking conspiracy
If you’re facing a federal conspiracy charge, your attorney can argue that you were not part of the alleged drug trafficking conspiracy by showing that you had no knowledge of the drugs or underlying conspiracy. This could mean proving that you had no involvement in the manufacturing, distribution, or possession of illegal narcotics and could lead to your charges being dropped or reduced.
5. Complete a drug rehabilitation program
Okay, this one is usually not on the table for drug trafficking charges, but for first-time drug possession charges in Texas, your attorney may be able to argue for leniency. Texas offers diversion programs for first-time offenders which, if completed successfully, could result in your charges being dismissed. To qualify, you must meet certain criteria including having a clean criminal record and not having faced similar charges in the past.
Remember, having an experienced and knowledgeable attorney on your side is instrumental in successfully navigating these legal complexities.
Facing drug trafficking charges in Texas? Hire an aggressive drug lawyer for your best chance at dismissal.
Navigating drug trafficking charges in Texas requires an understanding of the complexities of state and federal courts, police procedures, and strategies on how to get a drug trafficking charge dismissed. These strategies range from arguing insufficient evidence, illegal search and seizure, entrapment, constructive possession, search and seizure violations, and the possibility of a federal conspiracy charge defense — but only an experienced Dallas/Fort Worth drug trafficking attorney will be able to pull them off.
If you’re facing drug trafficking charges in Texas, hiring an experienced drug trafficking attorney, like the ones from Westfall Sellers, is key to getting the best outcome for your case. In addition to understanding the complexities of drug trafficking laws and penalties, our lawyers will be able to recognize any violations of your rights that could lead to suppression or dismissal of evidence.
No matter the severity of your charges, you should never give up the fight when facing drug trafficking charges in Texas. Contact us online or call 817-928-4222 to schedule a consultation today!
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