The Legal and Financial Consequences of a Texas Identity Theft Conviction
Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or otRead More
In the state of Texas, drug crimes are taken very seriously. Harsh penalties can be anticipated for even the simplest cases of drug possession – and the consequences that can be faced for more serious drug crimes like drug trafficking can be even more significant.
If you or someone you love are facing drug trafficking charges in Texas, there’s much to understand about this crime. How does the state define drug trafficking, and what potential penalties can a person face if convicted? Read on to find out the answer to these questions and more.
Texas defines drug trafficking as the import, distribution, export, dispense, or manufacture of controlled substances that are illegal in the state. The laws surrounding this crime are codified in the health and safety codes in the state.
If you are arrested and charged with drug trafficking in Texas, it is up to the prosecuting authority to determine what state and federal penalties you can face. How much of the controlled substance was in your possession at the time of your arrest and the type of drug involved will inform the charges you can potentially face.
What factors can lead to a person being charged with drug trafficking? If any of these conditions exist at the time of your arrest, then you may be charged with drug trafficking:
Drug trafficking and distribution is a significant crime, so anyone charged with it should take it very seriously. Because of the unique position of Texas in the United States, more drugs are seized in this state than in many others. This is precisely why Texas views this crime as such a significant one and takes steps to penalize those found guilty to the fullest extent possible under the law.
Under Texas drug laws, there are four groups of drugs. The drugs are put into specific groups based on how addictive they are. The more addictive, the higher the penalty associated with the drug group.
Texas uses the following drug groups under the state’s health and safety code to define its trafficking laws:
Controlled substances found in group I include methamphetamine, oxycodone, marijuana, opioids, and cocaine.
The controlled substances in this group include ecstasy, amphetamine, and methaqualone.
You can find Valium, LSD, and Xanax in this group under Texas state law.
The substances in this group are typically mixtures or compounds that include controlled substances and other ingredients. They may or may not have a medical use but often include cough syrup with codeine.
As previously mentioned, what group the drug involved in your case will inform the penalty you receive if you are found guilty of drug trafficking in the state. In general, the penalties associated with each group include:
This group’s penalties differ depending on the controlled substance involved. For example, those who are found guilty of transferring, delivering, selling, or manufacturing cocaine can get up to two years in prison for possession of as little as one gram. If you have over 400 grams of cocaine in your possession, you can be sentenced to up to 99 years in prison and fined as much as $250,000.
For methamphetamine transfer, manufacture, sale, or delivery, possession of one to four grams can result in a prison sentence of up to 20 years, but possessing between 200 and 400 grams of meth can send a person to prison for up to 99 years if found guilty.
Finally, those found guilty of selling, manufacturing, delivering, or transferring marijuana in the amount of seven grams or less may only face six months behind bars and fines of $2,000. However, possession of up to five pounds of marijuana can send a person to prison for one year and fines of $4,000. If you are found selling or delivering marijuana to someone considered a minor under the law, you can go to prison for up to 20 years.
If you are found guilty of selling, delivering, transferring, or manufacturing controlled substances in this group in the amount of one gram or less, you can still face up to two years of imprisonment and fines of $10,000. If you have more than 400 grams in your possession, you can go to prison for as long as 99 years and pay $50,000 in fines.
For those who face charges for the delivery, sale, manufacture, or transfer of drugs in this group, you can go to prison for as little as two years or as much as 99, depending on the amount of the substance found in your possession. You can also be responsible for fines of as much as $50,000, depending on the circumstances surrounding your case.
Controlled substances in this group are similar to those for group III substances.
Drug trafficking is a serious crime, so consult with an experienced attorney if you face this type of charge.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
Client was accused of knocking disruptive student against the wall. Videotape of incident was obtained. Witnessed located and interviewed. On the day of trial, case was dismissed
Identity theft is a serious crime that involves stealing someone’s “Identifying information” to commit fraud or other illegal activities. “Identifying information” includes:
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