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Federal and State Drug Charges
In the State of Texas, there are certain substances/drugs that have been made illegal by the government, both at the State and Federal level. In accordance with these drug laws, it is against the law to possess, sell, use, sell, traffic, or distribute, any of these controlled substances. Drug charges consist of both Misdemeanors or Felonies. In Austin, most cases are felonies. The most common offenses are possession of cocaine, methamphetamine, and ecstacy, as well as marijuana. With us, rest assured that every drug offense will be aggressively defended as you could be facing harsh consequences.
We understand that things happen and sometimes you can be in the wrong place with the wrong crowd. With our expertise, we will do everything in our power to get your charges dropped, off your record, or reduced. Don’t be afraid to schedule a free consultation just to understand your options. We know this can be a difficult time, let us stand up for you.
Different Drug Charges
According to § 481.204, the unauthorized distribution of a controlled substance is a criminal offense.
Drug manufacturing consists of the creation of illegal drugs in a chemical lab or growing room. The size of the drugs amount will determine the charge of the crime.
Possessing most controlled substances is usually considered a felony in Austin Texas. Possession of marijuana, however, tends to be a misdemeanor.
Federal Conspiracy to Distribute
Conspiracy is a very common way for Federal Prosecutors to charge people in drug cases. Even if you don’t know everyone involved in an alleged conspiracy, or even if you were only caught buying or selling from or to one person, you can find yourself named in a lengthy indictment and facing serious prison time. The Federal system is very different than the State system, and many lawyers are not even admitted to practice law in Federal Court. We have represented people in Federal Court for over 10 years on a wide variety of charges. That kind of experience is key if you find yourself charged in Federal Court, or as the target of an investigation by Federal Law Enforcement. If you think you might be facing Federal Charges soon, or have been charged in Federal Court or know someone who has, call us. We can help.
Drug Smuggling consists of people who transport drugs from one state or country to another. These charges are typically dealt with in Federal Court and carry serious potential prison sentences.
Drug Trafficking consists of the creation, manufacture, distribution and sale of illegal narcotics and drugs.
Drug transportation consists of illegal drugs, or narcotics, being transported from one place to another. It doesn’t matter if there is a small amount of narcotics or large amounts, both crimes are serious offenses.
Possession of Controlled Substances
In the Sate of Texas, there are many different levels of drugs. Depending on the type of drug and the amount, simple possession of a controlled substance can either be relatively minor offense, or one that carries the potential for significant prison time.
Possession of Marijuana
In Austin Tx, most cases of possession of marijuana are classified as a class B misdemeanor. Anything more than 2,000 lbs of marijuana is a felony in the first degree.
Possession with Intent to Distribute
In this case, the state will have to prove that the Defendant had the intent to distribute. This tends to be a difficult charge to prove, but if you are in possession of large quantities of narcotics, along with items like scales, razor blades, baggies, ledgers, etc…, those factors can be used to try and prove that your were intending to distribute the drugs you had when you were arrested.
Even prescription medications can be considered a drug and need to be followed to their exact directions. If you obtain prescription drugs without a prescription that is considered illegal. You must have a licensed Doctor prescription to possess prescription drugs. Common prescription drugs that are the basis for criminal charges include Adderall, Xanax, Codeine, Fentanyl, Hydrocodone, and Percocet.
Other Things To Know
As a former prosecutor, I have worked with police to ensure that they followed the rules when searching individuals, vehicles, and residences in drug cases. As a defense attorney, I use those same experiences to hold law enforcement to task, to make sure that my clients’ rights were not violated, and that any illegal drugs found can be affirmatively linked to my clients. If the rules weren’t followed, then your case should be dismissed. That’s my job as your lawyer…to make sure you receive the full protection of the law as a citizen.
Addtionally, there are many instances where drug crimes occur because an individual has an addiction issue. Luckily, Travis County has numerous programs to help those who have been unable to help themselves, and these programs can often allow clients to get the help they need while keeping harmful charges off of their records. In my practice I’ve had many occasions to help individuals who have suffered from addiction. The personal approach I have adopted in working with clients is especially effective in these cases, because they are about so much more than simply issues of guilt or innocence. Addiction should not lead to the ruin of someone’s future with a drug conviction on their record.
How to Avoid
Drug convictions can have numerous consequences outside of jail time or probation. A conviction, and even a charge, can affect your ability to rent an apartment, own a home and work in professional fields. Your driver’s license could be suspended, your student loans cancelled, and applications to college and graduate school stalled or even rejected because of a charge involving drugs and other controlled substances. Navigating these pitfalls isn’t easy, and our office can help you not only avoid these setbacks, but overcome them should they become an issue. Our goal is to make sure that whatever the issue is, it has as little impact on your life as possible, and we tailor our strategy and plan of attack to your specific needs and concerns.
Central Texas Criminal Defense Attorney
What Clients Are Saying About The Law Offices Of Richard Gentry
"I would recommend Mr. Gentry as an attorney. Mr. Gentry was able to get the results that I desired in regards to a ticket I received in Austin, Texas. I also had no difficulty in setting up meetings at his office or getting in contact with Mr. Gentry by text, email, or cell phone – which is not a common accommodation you receive from other lawyers."
- Lisa N. | Google Review