Anyone arrested for a drug-related offense can be facing serious charges. From marijuana to opioids to cocaine, if you were arrested and charged with a drug violation, you need an attorney who will fight for your rights.
In Brownsville, the legal team at Kenny Perez Law may be the right fit for you. Kenny has seen both sides of the law, having served in the Harris County District Attorney’s office while in law school. This gives him an edge in defending his clients accused of misdemeanors and criminal offenses.
From Marijuana to Controlled Substances, What Is Illegal in Texas?
Texas has a Controlled Substances Act. While it closely aligns with the federal Controlled Substances Act, we understand the subtle differences.
In either case, the law classifies illegal drugs into different sections or schedules.
In Texas, Group 1 includes cocaine, methamphetamine, opioids, and peyote. The law subjects crimes in this group to the highest degree of punishment. A Group 1A subcategory is specific to LSD, its salts, and isomers.
Group 2 includes ecstasy and PCP. A Group 2A subcategory includes Spice and K2, which are made of chemical compounds producing effects similar to cannabinoids.
Group 3 includes anabolic steroids and benzodiazepines, along with other prescription drugs that function as stimulants or depressants.
Texas’ Group 4 drug penalties include prescription drugs that do not fall into other categories.
Your attorney must understand your charges, which state or federal group applies in your case, and the potential consequences.
Understanding Texas Drug Crimes
In Texas, drug crimes can vary from misdemeanors to felonies. Police charge most drug crimes at the state level. In some cases, however, the federal government may charge you, depending on who arrested you, the location of the arrest, and in some cases the severity of the crime.
Dealing with the federal government versus the Texas government may differ. You need an attorney who can navigate either system. The charges may be similar, although they will differ depending upon the substances involved. Charges may include:
Police may charge possession when you have any illegal substance in your hand, pocket, backpack, or purse. They can charge constructive possession if they find drugs in your home or car. In any amount, possession can lead to serious consequences. For example:
According to the Nova Recovery Center in Texas, the penalty for carrying two ounces or less of marijuana is considered a misdemeanor. But the consequences can still be severe. You may receive up to a $2,000 fine and/or 180 days of incarceration.
For possession of less than one gram of cocaine or heroin, you could be looking at a $10,000 fine and/or six months to two years of incarceration.
Law enforcement bases drug sale charges on the quantity and weight of the drug involved. The charge comes up when the police catch an individual exchanging drugs for cash.
Distribution and Manufacturing
Drug distribution charges take it a step further. While distribution can include sales and trafficking, distribution often includes manufacturing and delivering or importing larger quantities of drugs.
Manufacturing includes anyone involved in unlawful drug production including sales or purchase of various chemicals, specialty equipment, or physically producing drugs.
A drug conspiracy is an agreement between two or more individuals to deal, distribute, and/or manufacture drugs. Prosecutors often use this charge as leverage to get an alleged offender to offer up a bigger target.
Prescription fraud can occur in a couple of different ways. One is for someone to illegally obtain a physician’s prescription pad and forge their signature to write illegal prescriptions. Another is through a doctor engaging in the unethical practice of writing unnecessary prescriptions, often in exchange for cash.
If police charge you with any of the above crimes, you need an experienced attorney by your side. Kenny Perez Law is ready to examine your case and determine its merits.
Developing a Defense Against Drug Charges
An attorney well-versed in search and seizure laws can be highly valuable to you and your case. But your attorney, and their team, needs the experience and resources to thoroughly search through paperwork and appropriately investigate your case. Kenny Perez Law has the knowledge and the dedication to dig deep to locate flaws in the case against you.
Your lawyer will look for:
- Did you consent to a search by police?
- Were your constitutional rights violated?
- Did you have a valid prescription for the drugs?
- Does your possession fall under exemptions, such as a pharmacy delivery service, those of a pharmacist, or for religious purposes?
- Where exactly were the drugs found?
- How was it ascertained that you were the one in possession?
Certainly, not everyone arrested for drug possession or other drug crimes is guilty. Minimal amounts of drugs are easily hidden or passed from one person to another even without them knowing it. If police find drugs near you, what constitutes possession?
Additionally, you never have to agree to a search by police. Unless officers have a warrant, it is illegal for them to force a search onto you. Furthermore, you can and should remain silent until you speak with an attorney.
Why Do You Need a Strong Drug Defense Lawyer?
A strong defensive legal team is key to avoiding a drug conviction in state or federal court. Kenny Perez has a proven record while being a member of the State Bar of Texas, the Texas Trial Lawyers Association, the Houston Bar Association, and the Houston Lawyers Association. His commitment to his clients is key.
A good defense attorney understands that your life has changed dramatically through your arrest. They will read and re-read through your case repeatedly while specifically looking for issues that delegitimize the case against you.
In a defense attorney, you want someone respectful not only of you but of the law, while also level-headed and firm enough to battle the government.
That attorney in Brownsville and the surrounding Rio Grande Valley is Kenny Perez.
Why Hire Kenny Perez Law?
If you were arrested and charged with any form of a drug crime, no South Texas law firm will work harder defending your case than Kenny Perez Law. With offices in Brownsville and Harlingen, we are easily accessible to you. Se Habla Español.
Contact us today at (956) 544-9292, and let us get to work for you.
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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