Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Legislatures across the United States, including Texas, have cracked down on drug offenders as overdoses continue to rise. Lethal overdoses caused by heroin, prescription drugs, and fentanyl have never been higher. Fentanyl, in particular, has become a major focus for law enforcement agencies across the county, and especially in Texas, because according to the Texas Health and Human Services, the synthetic opioid is up to fifty times stronger than heroin and one hundred times more potent than morphine.
When you are caught in a drug raid, or when your vehicle is searched and drugs are found, your life will change dramatically. If you are convicted, you can be fined and sent to prison, and your criminal record will follow you with enormous collateral consequences. As a convicted felon, you cannot own a gun under federal law, you will not be allowed to vote, and even getting a home loan or a job will be difficult. And on a more personal note, to the extent that you may have a substance abuse problem, lingering criminal charges make it much more difficult for you to focus on getting the drug treatment you may need.
Let us help before the tailspin begins. An experienced criminal defense attorney such as Raphael Ortega can negotiate with the prosecutor for reduced charges or dismissal if the facts support it, or present a strong defense at trial. You have a right to be heard and represented; a Conroe drug lawyer will do everything possible to exonerate you.
In Texas, drugs are broken down into different penalty groups. Punishments are determined by the amount of the weight, the penalty group, and whether there are any aggravating factors that may enhance the punishment range. A Conroe drug attorney could review the full list of criminalized controlled substances during an initial consultation.
Cocaine, Heroin, Fentanyl, Codeine, Marijuana, Opium, Methamphetamines, Ketamine, Methadone, Oxycodone, Hydrocodone, and Methadone
LSD
Ecstasy, PCP, Mescaline, Methaqualone, and Amphetamine
III: Valium, Ritalin, Methylphenidate, Xanax
IV: Compounds or Mixtures Containing Dionine Motofen, Buprenorphine or Pyrovalerone
Although marijuana is legal medicinally and recreationally in 20 states, Texas is not one of them. Medicinally, the state permits only CBD oil with less than 0.5% THC, and only in narrow circumstances. Under Schedule I of the Texas Controlled Substances Act (TCSA), recreational weed is illegal, as it is on the federal level.
There is much debate about including marijuana as a Schedule I substance. These drugs are categorized as having a high potential for abuse with no accepted medical value, although this appears to be a contradiction because Texas allows some medical marijuana use. To further complicate the issue, Austin residents in May 2022, and Denton, San Marcos, Killeen, Elgin and Harker Heights residents in November 2022, voted overwhelmingly to decriminalize carrying small amounts of marijuana. However, under Texas state law, you can – and likely will be – prosecuted.
The weight of the drugs matters, too. When you are found with two ounces or less of marijuana, you will be charged with a Class B misdemeanor, but when you are hauling more than 2,000 pounds, you are looking at a Felony in the First Degree and could spend life in prison and pay up to a $50,000 fine.
Marijuana Penalties:
The drug epidemic that has increasingly infected local communities has forced Texas legislators to deter the use and sale of drugs in certain vulnerable places and circumstances. The most severe penalties are handed down when a drug deal (or simple drug possession) is made where children are present, like a playground—or a weapon is used (or merely carried) during the commission of the offense. The sentencing enhancement for possession drugs under the circumstances listed below is one degree higher than the underlying charge. For example, a Class A misdemeanor would be enhanced to state jail felony, a state jail felony may be enhanced to a third-degree felony, and so forth.
Committing a drug offense in a “Drug Free Zone” can have crushing consequences. Under Texas Health and Safety Code § 481.134, it is illegal to possess, use or distribute drugs under the following circumstances:
Within 1,000 Feet of:
Within 300 feet of:
You can also face an enhanced drug sentence if you are found in possession of a weapon while committing a drug offense. This enhancement is based on the inference that simultaneously possessing drugs and weapons is indicative of possession of drugs with intent to distribute. A legal professional in Conroe could review the circumstances of a drug case and defend against a prosecutor’s argument that aggravating factors were present.
If a person manufactures a controlled substance listed in Penalty Group I (such as cocaine, heroin, or oxycodone) while a child younger than 18 was present on the premises.
If you know you are carrying an illegal substance, you can be charged with drug possession. Drug manufacturing is the act of combining chemicals using special techniques to create a controlled substance. Drug distribution or trafficking is the transfer of illegal substances through sales, barter, export, or import. When you participate in drug possession, manufacturing, or distribution, you could spend the rest of your life in prison if the quantities the police confiscate are large enough. Your best chance at securing your freedom and future when facing these drug charges is to work with a dependable Conroe attorney.
Under Chapter 59 of Texas Code of Criminal Procedure, the government has the authority to seize any assets, including but not limited to cash, cars, real estate, personal property, and essentially any other valuable assets believed to proceeds of the drug offense or used during the commission or in support of the drug enterprise. Forfeiture proceedings are a civil matter and handled outside of the criminal courts.
There are several defenses your skilled Conroe attorney will explore to have your drug charges reduced, dismissed, or dropped. Some common defenses include:
A seasoned Conroe drug attorney will study all the prosecutor’s evidence and advise you on your viable legal options moving forward. As soon as you are confronted by law enforcement, you should reach out to a knowledgeable and proactive drug lawyer in Conroe.
Non-citizens must be particularly careful when it comes to drug charges. A conviction, or merely admitting to the essential elements of a drug charge, can lead to being denied admission and removed from the United States. Different provisions in the Immigration and Nationality Act (INA) regulate how a drug charge may render you inadmissible, removable, or both. Whether a drug charge makes you inadmissible or removable depends on the manner in which you entered the United States – either being admitted, inspected or paroled (like entering on a tourist visa, or a lawful permanent resident) versus entering without inspection (like illegally crossing the Rio Grande River across the southern U.S. border).
The Controlled Substance Inadmissibility ground under INA § 212(a)(2)(A)(II) applies to “Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances).” There is no exception for possession for one’s own use of 30 grams or less of marijuana under this charge of inadmissibility.
Therefore, if you are convicted for a drug offense involving a controlled substance that is also regulated under the federal drug schedule (as most drugs are), you will face punishing immigration consequences.
This separate INA provision states that a non-citizen will be found to be inadmissible if they are reasonably believed to be an illicit trafficker in any controlled substance, or if they have been a knowing aider, assister, abettor, conspirator or colluder with others in the illicit trafficking in any controlled substance.
A conviction for drug trafficking is also considered an aggravated felony under INA § 101(a)(43)(B) and can get those who have lawfully admitted into the United States, such as lawful permanent residents (green card holders) deported under INA § 237(a)(2)(A)(iii).
There is also a separate ground of removability for those lawfully admitted into the United States, such as lawful permanent residents (green card holders) with a drug conviction. This INA provision states that any controlled substance conviction or for any attempt or conspiracy to commit such an offense, is deportable, other than for a single offense of possession of 30g or less of marijuana for personal use.
If you are not a U.S. citizen, your arrest on Texas drug charges poses additional issues involving the federal government. You could be detained by Immigration and Customs Enforcement (ICE), whose job is to deport undocumented persons. Even if you are a Green Card or visa holder, a drug conviction will impact your future. A capable Conroe lawyer such as Raphael Ortega, a former prosecutor and ICE trial lawyer with years of experience handling criminal and immigration cases involving illicit drugs, could help you navigate this challenging situation.
Drug charges are not to be taken lightly. Your future is at stake because you could face extended prison time, hefty fines, and the loss of many freedoms you may take for granted.
Do not wait if you believe you are under suspicion or if you have been arrested and charged with drug possession, manufacturing, or distribution. A Conroe drug lawyer will fight aggressively to minimize the damage these charges can do to you. Call today to set up a free private consultation with a well-practiced attorney such as Raphael Ortega, whose vast experience prosecuting complex drug crimes provides unique insight into what you are going through.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.