Drug Possession Defense Lawyer Houston, TX
Among other states, Texas has strict laws when it comes to controlled substances and narcotics. Punishments for trafficking or possession can be severe which is why you shouldn’t delay getting an experienced drug possession defense attorney. Houston drug defense lawyer Jimmy Ortiz has helped many clients reducing their drug charges or even having their case dismissed.
Drug laws are categorized by a wide range of narcotics and compounds that are used to create them. Any possession of unfinished drug mixtures qualifies as a controlled substance possession. Any kind of street drugs such as cocaine, heroin, and marijuana are not the only drug possession charge that can stick on your record. Any prescription medications such as Adderall and Xanax without written permission from a doctor can result in a criminal case and jail time.
Texas Laws for Possions, Manufacturing, and Distributing Drugs
Depending on the type of controlled substance, the penalties and fines for possession, manufacturing, and distribution vary based on the amount.
Possession of a drug is knowingly possessing any illegal substance and know that the substance being carried is actually illegal.
- Minimum punishment: Jail time for up to 180 days and/or fines up to $2,000.
- Maximum punishment: Jail time of up to life term of imprisonment and/or fines up to $250,000.
Manufacturing any controlled substance refers to the creation of an illegal drug. This includes the use of any lab equipment, chemicals, and special techniques used to combined different substances for the production of intoxicating chemicals. No matter where the drug is produced even if it is in a lab, it is against the law to participate in its manufacturing. Manufacturing or delivering drugs is classified as a felony offense.
- Minimum punishment: Jail time for up to 2 years and/or fines up to $10,000.
- Maximum punishment: Jail time for up to life term of imprisonment and/or fines up to $250,000.
Distribution of drugs, also known as drug trafficking, is the sale, exchange, import, export, or transfer of illegal drugs.
- Minimum punishment: Jail time for up to 180 days and/or fines up to $2,000.
- Maximum punishment: Jail time for up to life term of imprisonment and/or fines up to $100,000.
Criminal Defense for Possesion of Drug Paraphernalia
Under 481.002 (17) of the Texas Controlled Substance Act states that any item that is used as a drug processing, packaging, or consumption is illegal drug paraphernalia. This can include common household items such as bowls, envelopes, spoons, bags, or scales that can be considered as illegal possession of drug paraphernalia. Simple possession of paraphernalia results in a Class C misdemeanor and fined up to $500. The intent to distribute or have possession of paraphernalia is a Class A misdemeanor and can result in jail time.
Drug Possession Defense Lawyer
Experienced drug crime defense lawyers know that every drug defense starts with a Fourth Amendment evaluation. This amendment protects individuals from unreasonable search and seizures that by definition means that an officer of the law must have a valid reason to stop and search you. If you have been charged or believe you are being investigated for drug possession crimes, do not talk to the police or federal agents and invoke your right to speak with a lawyer.
At Jimmy Ortiz law firm, we examine each case from stop to the arrest to challenge any evidence that was not properly obtained. With over 13 years of experience as a defense attorney, Houston drug defense lawyer Jimmy Ortiz is dealt with many drug possession cases and has successful defense strategies so that you have a fair trial. Mr. Ortiz will listen to your side to find the best possible defense strategy for the unique circumstances of your case. If possible, our drug possession defense lawyer will attempt to cast reasonable doubt to get your charges reduced or dismissed.
Texas Penalties for Possession, Manufacturing, and Dristribution of Drugs
In the state of Texas, penalties for manufacturing, selling, or possession of drugs fall into different categories and a separate group for marijuana. Primary factors that determine the penalties upon a convicting depend on the type of drug involved, the amount of the drug, purpose for the drug use (distribution or manufacturing), location of possession (near daycares or school zones), and if the office is associated with another offense (use with a firearm). More in-depth detail of penalty groups include:
- Penalty Group 1: Cocaine, ketamine, methamphetamine, psilocybin, opium derivates and opiates (heroin and others), opioids (painkillers like codeine, oxycodone, and codeine), and similar hallucinogens. The penalties for this group can have up to two years in jail and a $10,000 fine if is it less than one gram. Possession of 400 grams or more can lead to a maximum of life imprisonment and up to $100,000 in fines.
- Penalty Group 1A: LSD. If the amount you possess is fewer than 20 units, you can receive up to two years in jail and up to $10,000 in fines. If you have 20 or more units you can be facing first- to a third-degree felony, the maximum sentence of life imprisonment, and up to $250,000 in fines.
- Penalty Group 2: PCP, Ecstasy (MDMA), amphetamines, and psychedelic mushrooms. The possession of less than one gram for this group begins with 180 days to two years in jail. Possession of 400 grams or more can result in a maximum sentence of life imprisonment and up to $50,000 in fines.
- Penalty Group 3: Opiates and opioids not listed in Penalty Group 1, anabolic steroids, Xanax, benzodiazepines, and sedatives like valiums, methylphenidate (like Ritalin), and other prescription drugs that are potential for abuse and have either depressant effort or act as a stimulant. Penalties for this group can have up to two years in jail and up to $10,000 in fines. The maximum is life in jail with up to $50,000 in fines for possession of 400 grams or more.
- Penalty Group 4: Compounds containing Dionine, Motofen, Buprenorphine, or Pyrovalerone. This group has the same penalties as group 3.
- Marijuana Group: Any Cannabis sativa plant that is seeds, in preparation, growing, or packaged is considered possession of marijuana under the Texas Health and Safety Code. If found with 2 ounces or less, minimum penalties can result in a Class B misdemeanor, up to 180 days in jail, and/or up-to $2,000 in fines. The maximum penalty for this group is the possession of more than 2,000 pounds can result in a first-degree felony, maximum life imprisonment, and up to $50,000 in fines.
Consequences of Drug Convictions in Houston Texas
There are a wide range of consequences being convicted of a drug offense in Texas and can affect your day to day life. When being charged with a drug conviction, you need an aggressive and experienced Houston drug defense lawyer like Jimmy Ortiz. Some consequences that come with an unexperienced lawyer include:
- Education. Students can be denied or lose their financial aid provided by the Federal Student Loans and Grants program if they are convicted for selling or in possession of a controlled substance.
- Employment. Certifications for employment for jobs like nursing and plumbing can be suspended or revoked under the Texas Occupations Code if convicted of a felony or misdemeanor.
- Forfeiture of Property and Assets Depending on the severity of the charges, the courts can issue the seizure of your vehicles, cash, businesses, and personal properties.
- Civil Rights. Drug convictions are treated as a felony in which you lose the right to vote, run for public offices, or be called for jury duty.
- Housing or Firearm. Drug convictions result in the loss of the right to own a firearm or ammunition and can exclude drug offenders from acquiring federally funded housing.
We know that the legal system is not always fair and just when it comes to each case, which is why our drug crime defense legal team is ready to fight for the fairness and justice that you deserve. When it comes to drug crimes, the prosecution does not always use ethical behaviors, which is why we safeguard our clients against government actions that can harm the case and their livelihood.
Criminal Drug Defense Lawyer in Houston, Texas
Jimmy Ortiz and his legal team are dedicated in protecting the rights of their clients who are accused of drug crimes. Our Houston drug possession defense lawyer has a proven success rate defending clients against drug possession in the Houston area. Jimmy Ortiz aggressively stands up to your charges using his experience and skills as a drug crime defense lawyer so that you have a fair trial.
Facing criminal charges is stressful enough, but dealing with a language barrier can cause a lot of anxiety. It can be hard to find a Spanish speaking lawyer in Houston, especially if you are more comfortable with the Spanish language. As your Spanish-speaking drug possession defense lawyer, Jimmy Ortiz will work hard to prove your innocence and help navigate you through the legal system to minimize miscommunication.
Get Expert Legal Representation For Drug Charges Today
An experienced criminal drug lawyer can be your single best asset when your freedom is threatened by these and other charges. I am prepared to help you understand what these charges mean and how I can defend you against them. Contact me to learn how I can begin immediately fighting for you and your rights.
Contact Jimmy for more information
or call today at 713-759-1800
