Houston Drug Crime Lawyer
Drug possession in Texas is a crime that can result in charges of various degrees. A drug case may range from a simple misdemeanor to a complex felony to a federal case. Whether you have been charged with possession of a drug, distribution of a drug or controlled substance in Houston Texas, intent to sell a drug, or selling a drug to a minor in Houston TX, you can be in deep trouble. Drug crimes are taken very seriously and can lead to heavy fines and incarceration. We can handle criminal cases ranging from the possession of a controlled substance, the sale, manufacture, and distribution of various drugs, cultivation, possession with intent to distribute, and more. Our Houston drug crime lawyer has many years of experience defending and representing those who are facing drug crimes in Texas.
As you probably know, it’s very important to procure legal representation as soon as possible when facing a drug charge or offense. If contacted soon enough, we may be able to suppress evidence that was illegally obtained by the police, or help you find treatment options that result in lesser charges.
Houston Drug Charges
As someone facing drug crime charges in Houston, you must understand that the government will show no leniency towards you. The government and prosecutor will be tough on you and there are heavy fines and penalties associated with such crimes. The war on drugs is taken very seriously by law enforcement. This means that anyone facing a drug crime charge must understand that their freedom, reputation and career are all at stake. Without proper representation, the charge will quickly become a drug related conviction which will stay on your criminal record for the rest of your life.
This is why it is very important that you seek help and guidance from an experienced and qualified Houston drug attorney. Ayson Law Firm in Houston Texas has experienced attorneys and lawyers who know how to handle and defend drug crimes. Houston drug crime lawyer Brian Ayson has handled drug crime cases for over a decade. He has represented individuals charged with state and federal drug offenses.
The skilled legal team of experts and lawyers at Ayson Law Firm can handle a wide range of Federal drug charges including drug possession, drug manufacturing, drug trafficking, drug distribution, drug conspiracy as well as intent to sell a drug or any controlled substance. This is why it is advised to seek professional legal assistance as soon as possible if you have been charged with a drug related crime. This will ensure that your rights are protected and that the charges are reduced or dismissed. Hiring the right attorney at the right time will prove beneficial for you in the long term.
Texas Drug Crime FAQs
What Is The General Timeline Of A Drug Related Case In Texas?
Timelines for a drug case vary depending on whether the charge is a misdemeanor or a felony. When charged with the misdemeanor charge of possession of controlled substance, all the state has to do is accept the charges and file the information and then the accused must appear at his or her arraignment. The next few months will be spent obtaining discovery and preparing for trial if necessary. With a felony drug charge, the State must also indict the accused. Both misdemeanor and felony drug charges require diligent investigation to see if it is a case that can be dismissed or one that has to be tried in front of a jury. There may also be other options available like second chance programs or pretrial diversion which could be paths to dismissal.
Do Most Drug Related Cases End Up Going To Trial?
The truth is that most criminal cases do not go to trial. I have seen some estimates that state that over 90% of cases end in guilty pleas. There could be a number of reasons for this. The client may be afraid to try a case for fear the jury will convict them or the client may have a lawyer who doesn’t want to try their case for whatever reason. If I think the state can’t prove their case beyond a reasonable doubt, I will always recommend a jury trial in a drug case or any other criminal case.
Can Police Execute A Warrantless Search Of An Automobile or A Premises If They Suspect A Drug Offense?
The Fourth amendment provides that an officer must obtain a warrant when searching someone’s home or vehicle, but there are exceptions to the rule. If consent is given to search, then a warrant isn’t needed. Police don’t need a warrant if drugs are in plain view or if the search is related to an arrest which has already taken place. Police may also search “incident to arrest” meaning they don’t need a warrant following any lawful arrest.
What Are The Penalties For Drug Convictions In Texas?
The range of penalties for drug convictions varies due to the amount of drugs, the intent of the accused and the type of drugs. Drug-related penalties range all the way from a Class C fine-only penalty to serious felony time up to life in prison for manufacture or delivery charges
Are There Any Alternative Programs Available For First Time Offenders?
Definitely, second chance or “diversion” programs exist for some drug charges and are a good option for many people. They usually require treatment, classes and probationary supervision. At the end of successful completion of one of these programs, the district attorney will sometimes dismiss the charges, or the defendant can avoid jail time. If the DA dismissed a defendant’s case, they can get the arrest expunged. An expunction isn’t automatic, but we can help with that.
What Sets Your Firm Apart In Handling Drug Cases Specifically?
We understand that people make mistakes and that drug addiction is something that needs to be treated. We have experience successfully handling these types of cases, and our fees are affordable enough so that the average person can afford us.
What Are The Most Common Drug Offense Cases That You Handle?
Marijuana is the most common street drug nationally. Texas is tough on drug possession and they are even harder on distribution. Although marijuana is becoming legal in many other states, it is still illegal in Texas and arrests for marijuana are still very common. Offenses related to cocaine, heroin and other opioids, and crystal methamphetamine are common. Use and distribution of MDMA (otherwise known as ecstasy or molly) has also become a common offense that we handle.
How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony?
The weight or amount of the drug, the type of drug and the intent of the person charged will determine whether a drug charge is a misdemeanor or a felony. For instance, possession of 3 oz. of marijuana is a class B misdemeanor in Texas but possession of that same amount of cocaine is a felony.
What Is An Unlawful Controlled Substance?
An unlawful controlled substance is an illegal drug. It is controlled because its use and distribution are governed by law. Not all controlled substances are illegal. When a controlled substance is manufactured or distributed without government approval they are unlawful. It is illegal for someone to possess or distribute an unlawful controlled substance, and it can be illegal to possess a controlled substance even if it would otherwise be lawful. For example, it would be illegal to possess some prescription drugs if the prescription wasn’t for you.
What Is Considered Possession, Sale, Distribution And Intent To Distribute Unlawful Drugs?
Possession is having the care, custody or control of unlawful drugs. Sale, distribution or Intent to distribute are classified as manufacture or delivery of a controlled substance in Texas. You could be charged with this offense even if you had no specific buyer in mind. The penalties for these charges can be much more severe than for simple possession.
What Is Considered Drug Trafficking In Your State?
In Texas, you can be found guilty of drug trafficking if the state can prove that you knowingly delivered illegal drugs. Drug trafficking means delivering unlawful controlled substances or marijuana. The amount of the drug, absence of prescriptions for otherwise lawful drugs, large amounts of cash or weapons and packaging materials are all factors when the state is levying a charge of this nature.
Are There Any Laws Addressing Drug Paraphernalia In Your State?
In Texas drug paraphernalia charges cover a wide range of penalties. Drug paraphernalia can include but are not limited to: bongs, rolling papers, blenders, scales, balloons, syringes, or even Ziploc bags, A drug paraphernalia charge can result in as little as a Class C charge, punishable by only a fine up to $500 to a class A misdemeanor if the charge is for distribution with intent to sell or distribute paraphernalia. The max punishment for a class A charge is a year in jail. Delivering drug paraphernalia to children is a state jail felony.
Can A Passenger Receive A Drug Related Charge If Drugs Are Discovered In The Vehicle?
Yes. Possession in Texas can be physical or constructive. The court can convict you of possession of a controlled substance as a passenger in someone else’s car if you knowingly possessed the drug by exercising control, management or care of the drugs.
- Are There Any Laws Addressing Drug Paraphernalia In Your State?
- Can Police Execute A Warrantless Search Of An Automobile Or Premises If They Suspect A Drug Offense?
- How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony?
- What Are The Most Common Drug Offense Cases That You Handle?
- What Are The Penalties For Drug Convictions In Texas?
- What Is An Unlawful Controlled Substance?
- What Is Considered Drug Trafficking In Your State?
- What Is Considered Possession, Sale, Distribution And Intent To Distribute Unlawful Drugs?
- What Is Controlled Substance?
- What Is The General Timeline Of A Drug Related Case In Texas?
Contact Our Experienced Houston Drug Crime Lawyer Today
Although each drug case is different, a professional attorney will know how to handle it. An experienced Houston drug crime lawyer will be familiar with the local laws and he or she will be equipped to get extraordinary results in the drug case. We have successfully dismissed many drug cases for our clients, from misdemeanors to felonies. So whether you are facing a marijuana possession charge, possession of a controlled substance, cocaine possession, manufacturing of a controlled substance, drug trafficking and distribution charge, or any other drug related offense in Houston, call the Ayson Law Firm for a Free Consultation.