Drug Crimes Defense Lawyer Serving Dallas County

It can be terrifying to find yourself facing drug charges, whether it’s at the local level or the federal level. In Dallas, TX, drug charges carry some very harsh penalties, including jail time, hefty fines and routine drug testing, which can be especially problematic for those who are struggling with addiction. Plus, a drug crimes conviction can result in serious effects on other aspects of your life. For example, a potential employer may be hesitant to hire you if you have drug convictions, while landlords and others may discriminate against anyone who is perceived to be involved in illicit substances. If you’re convicted of a more serious offense, you can face added challenges due to your status as a convicted felon.

For these reasons and many others, it’s vital that you trust your drug crimes case to an experienced Dallas defense lawyer with the Law Offices of Jeffrey C. Grass. Our legal team has the knowledge and experience required to help you fight drug charges, whether you’re up against state prosecutors or federal prosecutors. An experienced drug crimes defense attorney can go a long way toward maximizing your chances of seeing a positive case outcome, and for those who are faced with overwhelming evidence, an experienced legal team can work with prosecutors and the courts to help you secure a more favorable plea deal or less severe penalties.

At the Law Offices of Jeffrey C. Grass, our goal is to protect you, your interests and your freedom by leveraging over 20 years of experience in the legal field. In fact, Attorney Grass is well-regarded in his field. He maintains an AV® Preeminent Peer Review Rating from Martindale-Hubbell® and has many years of experience, including experience serving as a U.S. Navy Judge Advocate (JAG).

If you or a loved one has been arrested for drug crimes in Dallas, Texas, contact the Law Offices of Jeffrey C. Grass today. Our legal team is here to discuss your case in a free, fully confidential case consultation. Call (214) 431-3897.

Common Questions and Concerns Following an Arrest on Drug Charges in Dallas County

Drug charges can leave you feeling embarrassed, frightened and uncertain about the future, so it’s important to trust your case to an experienced drug crimes attorney who is familiar with the Dallas drug laws surrounding cases involving everything from drug possession (including illegal possession of a prescription drug), possession with intent to distribute, drug trafficking or another offense.

At the Law Offices of Jeffrey C. Grass, we work with our clients to answer their questions and address their concerns, as we believe that it’s important to understand the legal process. Knowing what to expect can reduce a lot of the fear and stress that our clients experience, so let’s examine some of the most common questions that we address with clients like you.

How Does Texas Classify Drugs?

Our Dallas, Texas drug crimes lawyers have experience defending clients who are accused of offenses involving the six controlled substance groups, which include a separate group exclusively for marijuana.

The five groups of controlled substances in Texas are:

  • Group 1 – This group includes heroin, oxycodone, hydrocodone, cocaine, methamphetamine, ketamine and GHB;
  • Group 1A – This group includes LSD;
  • Group 2 – This group includes PCP, mescaline, ecstasy, and “cannabis resinous extracts” such as hashish;
  • Group 3 – This group includes Valium, Xanax, and Ritalin;
  • Group 4 – This group includes anything that contains pyrovalerone, buprenorphine, motofen or dionine.
  • Marijuana – Marijuana is classified independently, although “cannabis resinous extracts” are classified separately in Group 2.

Will I Be Charged With a Misdemeanor or Felony?

Dallas County drug crimes may be classified as a misdemeanor or felony depending upon factors such as:

  • the nature of the substance and its Group classification;
  • the amount of the substance;
  • the manner in which the substance was packaged; and
  • whether paraphernalia, large sums of cash or evidence of sale (or intent to sell) is present.

Drug Crimes Defense LawyerDrug crimes vary significantly in terms of severity. Possession of drug paraphernalia is a class C misdemeanor – an offense that carries a maximum fine of up to $500.

In cases that involve 28 grams or less of a Group 3 or Group 4 substance, prosecutors usually prosecute the case as a class A misdemeanor. This type of offense carries a maximum penalty one year in county jail and a fine of $4,000.

The most serious drug charges – such as a drug possession case involving 8,000+ units of a substance classified in Group 1A would be an enhanced first-degree felony. This type of conviction would carry a maximum sentence of 15 to 99 years in state prison, plus a fine of up to $250,000.

It should be noted that the aforementioned penalties are imposed only at the state level. If you are charged with a federal drug crime, different penalties may apply. Regardless of whether you’re being tried at the state level or the federal level, it’s important that you trust your case to an experienced Dallas drug lawyer.

How Does Texas Law Define Drug Possession?

According to Texas law, drug possession involves a situation where an individual is in possession and/or control of an illicit or controlled substance.

Possession can take many forms, including:

  • Physically holding the drug in your hand;
  • Possessing a drug in your pocket;
  • Possessing a drug in your purse or backpack; or
  • Having control and access to an area where drugs are discovered.

The latter falls into the category of what Texas drug laws term “constructive possession.” Constructive possession typically applies to a situation where a drug is found in a location that you access and control, such as your home, your desk at work, your car or the seat where you were sitting in a friend’s car.

Is Possession Different from Possession With Intent to Sell?

Yes, there is a major difference between possession and possession with intent to sell a controlled substance in Dallas and the surrounding region. This is particularly true when it comes to the severity of the charge and the possible penalties.

Possession usually refers to possession of a relatively small amount of a drug, contained within a bag or other package that’s conducive to personal usage. On the other hand, if an individual is found in possession of a large quantity of an illicit drug or controlled substance – especially if the drugs are packaged in lots of smaller packages in a manner that’s conducive with sale, then prosecutors may try to argue that there was an intent to sell. The presence of other items, such as large sums of cash or scales, may also lead to possession with intent to distribute charges.

While a first-time offender who is found in possession of a relatively small amount of a drug that’s believed to be intended for personal use may be eligible for an alternative sentence such as drug treatment and counseling, individuals who are convicted of possession with intent to sell face far harsher penalties, including jail time.

Will a Drug Conviction in Texas Really Result in a Driver’s License Suspension?

Unfortunately, any individual who is convicted of a drug crime will be subject to a driver’s license suspension for 180 days, even if the offense did not involve a vehicle. Drivers are also required to complete a 15-hour Drug Education Program.

If you do not have a driver’s license yet, there will be a 180-day delay when you seek a driver’s license in the future. According to the Texas Department of Public Safety, the 180 days for the denial of issuance – also called an “Order of Prohibition” – will begin when you complete the appropriate form with the Texas Department of Public Safety (DPS). So, if you are not licensed by may seek a license in the future, it’s wise to discuss this issue with your attorney, especially if you’re considering a plea deal or a plea that would result in a conviction.

What is the best time to hire a criminal defense lawyer when facing charges for drugs?

When you are arrested for drug charges, it is a good idea to consult with a criminal defense lawyer as soon as possible before speaking to law enforcement.

What is the penalty for a conviction related to drug possession?

1. Possession of Marijuana is unlike other drugs, chemicals, or substances because it has its own set of penalties in the state of Texas. Even a small amount of marijuana is considered drug possession. You can face up to 180 days in jail if you are caught with under 2 ounces of marijuana.

If you have more than 2 ounces of marijuana, you can face a minimum of 180 days in jail to a maximum of 20 years in prison with fines up to $10,000 for felony possession. However, if you are caught with more than 2,000 pounds of marijuana, you could be imprisoned for life.

2. Possession of Cocaine, Heroin, Methamphetamine are classified as Penalty Group 1 drugs and may result in a 2-year jail sentence and a fine up to $10,000. However, felonies can result in a life sentence if you are in possession of more than 400 grams in Texas.

3. Possession of LSD is known as a Penalty Group 1A drug, and due to its hallucinogenic effect may result in a minimum 2-year sentence in jail with a maximum life sentence, and a fine of $250,000 for felonies.

4. Possession of Ecstasy, PCP, Mescaline are classified as Penalty Group 2 drugs can result in a felony charge of possession. This also includes concentrates that contain THC, such as hashish or hash oil. A defendant could face up to 2 years in jail for under one gram, with a maximum penalty of a life sentence and a $50,000 fine for more than 400 grams per Texas drug laws.

5. Possession of Valium, Ritalin & other chemical compounds are known as Group 3 and 4 penalty drugs, and prescription medication that is often illegally sold and abused. If convicted, the minimum penalty could be one year in jail and a fine up to $4,000. For more than 200 grams, you can receive a 20-year prison sentence and a fine up to $10,000.

What are the drug possession laws in the state of Texas?

In the state of Texas, drug possession laws are in the Texas Controlled Substance Act (Health and Safety Code, Title 6, Subtitle C, Chapter 481).

Would the courts classify a drug charge as a violent crime?

Misdemeanor and felony drug charges are not traditionally known as violent crimes, but if the charges occur because of violence, then it can be associated with another offense. Each charge may be a result of violence, however, not necessarily be considered a violent crime by a judge or a lawyer.

Does state or federal laws regulate drug crimes?

Both state and federal law regulates drug crimes depending on the client’s case and the facts of the crime.

What is the difference between misdemeanor and felony drug charges in Dallas County?

A felony is the most serious classification of drug crime because felonies are known to have the highest risk of danger to the community. Felonies result in harsh sentences with penalties that could affect a defendant for the rest of their life. Misdemeanor charges often result in shorter jail sentences and less expensive fines.

Felony charges occur when an individual has a large amount of an illegal drug, substance, or compound. Each drug crime differs due to the amount and classification of the drug under state or Federal law.

A penalty for a felony increases if you have a lot of drugs or there is evidence of intent to sell or distribute the drugs. Felony offenses can also occur when paraphernalia is found, or there is proof of drug trafficking with intent to distribute.

Felony drug charges for drug trafficking or distribution will result in harsh jail or prison sentences and fines. If you are arrested in a restricted area, like a high school, you could face a felony charge based on the location of the crime. If convicted, a defendant can face at least one year in jail to a 20-year prison sentence, in addition to hefty fines and probation.

How does drug trafficking and possession with intent contrast?

Drug trafficking is the sale and distribution of illegal drugs in large quantities across different states and countries. Possession of paraphernalia is evidence of intent to distribute, whereas possession with intent to distribute is simply getting caught with a lot of drugs. This amount must be large enough for the police to believe that you are selling or distributing the drugs.

Will hiring a criminal defense lawyer help eliminate or decrease drug charges?

Drug charges can range of a minor misdemeanor to a serious felony with penalties that include jail or prison time, fines, and probation. With the help a criminal defense lawyer, you can receive legal advice and possibly avoid conviction. An experienced attorney will defend you in court and provide you options to ensure the best results. Drug possession charges can disturb your life and prevent future employment opportunities. Get the legal help you need to avoid the severe penalties associated with drug charges.

Your criminal defense attorney can also provide you with other resources, like rehab programs if you are caught with a small quantity, or it was your first offense. Those charged with misdemeanor crimes can join a rehabilitation program, complete probation, or pay fines instead of jail or prison time. The completion of this program may result in an expungement of your records with no evidence of a conviction. If you fail to finish the program, all the charges are recorded, and you must pay a fee for the incomplete program.

Our Dallas County Drug Crimes Defense Lawyers Will Protect Your Freedom

Drug Crimes Defense LawyerAt the Law Offices of Jeffrey C. Grass, we know how profoundly a drug conviction can impact your life. Our elite team of Dallas drug crime defense attorneys are committed to representing your case and defending your freedom using an aggressive, strategic approach.

Don’t risk the loss of your freedom or your future. Contact an experienced Dallas drug attorney who will fight for you. Our Dallas, Texas law firm was founded by Attorney Jeffrey C. Grass, who has been in practice for over 20 years.

Contact the Law Offices of Jeffrey C. Grass to arrange a confidential, no-cost case consultation session. Call (214) 431-3897.