Are You Being Accused of a Drug Crime?

Call Looney Smith Conrad & Hefti P.C., Drug Crimes Lawyer Houston

Since 1995 criminal defense trial attorney Paul Looney has litigated

60 criminal jury trials with zero final convictions

Drug Schedules – Drug Crimes Lawyer Houston

The United States government classifies drugs according to a schedule. Classes from 1 to 5 are “controlled substances,” and are available only with a prescription – or not at all.  Possession of an illegal drug or legal drug without a prescription may have federal AND state criminal drug charges filed.

The severity of drug charges depends on the type of drug and quantity involved.  It also depends on whether the person is suspected of manufacturing, distributing, or fraudulently obtaining the drug with a prescription. Drug charges can be either misdemeanors or felonies, and may be filed in State or Federal court.

Since the war on drugs began in the 1980’s, the federal government aggressively pursues drug convictions.  As a consequence, our prison population is more than quintupled. The prevalence of drug use leads people to assume drug charges are not serious but this is not true. Drug crimes are among the most aggressive sentencing guidelines in the criminal justice system.

If you know or suspect you will be charged with a drug-related crime, call a criminal defense attorney. The drug crimes lawyer Houston is available 24 hours a day, 7 days a week.

Types of Drug-Related Crimes

• Possession of a Controlled Substance
• Drug Distribution, Trafficking, and Manufacturing

What Constitutes Possession of a Controlled Substance?

Possession of a controlled substance occurs when a person:

1. Owns or
2. Otherwise has care, custody, control or management over a drug or other illegal substance.

More than one person may possess the same drugs.  These charges usually apply when a person is found carrying marijuana, cocaine, methamphetamine or other illegal narcotics. Also, without a proper prescription, prescription medications qualify as controlled substances.  Possession charges are possible.

Knowing

Possessing occurs when a person knowingly or intentionally exercises actual care, custody, control or management over a controlled substance. The prosecution must only show the accused knew the drugs were present and intended to possess them. Prosecutors can show this from the circumstances of the case.  They don’t need actual statements from the accused or evidence that the accused ever actually used the drugs.

Simple Possession

Possession means a person has care, custody, control and management over the controlled substance. Courts have held a person can have either actual or constructive possession. This means a person may have it on them, or that the person has control over the drug.  For example, having the drugs in a vehicle glove compartment, a bag, or hidden in the home.

Shared Possession

A defendant can be convicted if the prosecutor can show the accused had at least partial control over the drug. For example, two roommates may each be convicted of possession if they share an apartment where the police found marijuana. However, prosecutors must show more than the two were just roommates in the same home. This can be done by proving for example, that each defendant had control over the drugs or made incriminating statements.

Drugs in Vehicles – Call Drug Crimes Lawyer Houston

Many possession cases arise from interactions between motorists and the police. In these situations, it’s common for the police to find drugs in the car and charge the driver with possession. If the quantity is large, they may charge the driver with intent to deliver. The police may also be able to charge the driver with possession if passengers are found with drugs on their person. Or vice versa.

However, even when the prosecutor can show there were drugs in the car, he must prove the driver or passengers knew the drugs were there.  Or that the drugs were near the driver or in plain view. Sometimes the State cannot prove beyond a reasonable doubt which of the car’s occupants possessed the drugs.

In order to be convicted, there must be knowledge of the possession.  Law enforcement may attempt to get the person to admit he knew the drugs was there.  They may try to get him to say he knew it was there but didn’t know what it was.  They may also try to get him to say he didn’t know it was illegal.

Marijuana Possession

Marijuana possession, sale, and manufacture are regulated by both state and federal law.

In Texas, marijuana is classified as a Schedule I substance, which means that it has no legally recognized uses. Some states legalized possession of user quantities of marijuana, and more than 12 states have legalized marijuana for medical use. However, marijuana presently has no legally accepted use in Texas. Medical marijuana patients who bring marijuana into Texas from another state face prosecution.

Drug Distribution, Trafficking, and Manufacturing

Depending on the facts, a person charged with possessing an illegal drug might face charges of possession with intent to deliver. Intent to deliver crimes, such as intent to distribute, drug dealing, sales, or trafficking, are more serious than simple possession.   This is usually based on the amount of drugs a person is found with, the drug’s purity or by other evidence showing the accused intended to sell and not just use them.

Manufacturing and drug trafficking convictions have especially severe consequences. Federal agencies like the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI) may be involved.  The case may be prosecuted in federal court. Convictions in federal court are subject to mandatory minimum sentences that may be harsher than state penalties.

“Valid Reason” For A Police Stop – Call Drug Crimes Lawyer Houston

There must be a valid reason for a law enforcement officer to conduct a traffic stop.  What exactly is the definition of a “valid reason”?   If an officer sees a driver briefly cross the white line onto the shoulder, is that a sufficiently valid reason?

The Texas Court of Criminal Appeals answered this question. The case involved a mini-van stopped for crossing over the white line onto the shoulder of the road. During the police stop, the officer found meth in one of the van’s tires.  The driver was charged with a drug crime.

The Texas Court of Criminal Appeals threw out the evidence, stating the stop was illegal. The court said “even sober drivers can briefly cross onto the shoulder of the road.” According to Section 545.058 of the Texas Transportation Code, Texas drivers are permitted to travel on an

1. “improved shoulder,” or
2. a paved shoulder if determined necessary, and
3. if it can be completed safely.

Driving on the right shoulder is permitted under the Texas Transportation Code in order to:

1. Stop, stand or park the vehicle;
2. To accelerate before entering the travel lane; or
3. To decelerate before a right turn.

Using the right shoulder is also allowed when passing another vehicle that is slowing or stopped in the travel lane.  Also, if the vehicle is about to turn left or to let a faster vehicle pass.  Drivers can also use the right shoulder to avoid a collision or when required to by traffic-controlled mechanism.  An example is construction barrels. Driving on the left shoulder is permitted in order to:

1. slow or stop a disabled vehicle that can’t reach the right shoulder,
2. to avoid a collision or
3. when required to do so by traffic-controlled mechanisms.

In the case of the mini-van, the driver consented to the search that led to the police finding meth.  But because the police stop was illegal, the evidence was thrown out. People arrested for drug and other crimes must know their rights and the possibility that their rights have been violated. Any evidence of improper procedure on the part of police can dramatically change the outcome of a drug case.

To answer the question, “Is driving on the shoulder a valid reason for a police stop?” the answer is “no”.  The courts have determined this is not a violation of the law.  It does not provide a reasonable basis for an officer to pull a vehicle over and search it.    The courts have also acknowledged that it is nearly impossible to drive in a perfectly straight line.  However, if you are stopped by law enforcement, be polite, courteous and do not consent to any searches.  Call the Drug Crimes Lawyer Houston for an evaluation of your case.

Consequences of a Drug-Related Conviction

If convicted, permanent consequences will occur. Prison, years on probation, travel restrictions, rejection from potential employers, and fear of violating conditions of release are cumbersome.  If a person has a previous conviction for the same offense of delivery, the crime becomes a state jail felony.  If the person has been convicted of two previous crimes for delivery, the crime becomes a 3rd degree felony.

Are you looking for a Drug Crimes Lawyer Houston?
Call us today (281) 597-8818 in Houston or (979) 826-8484 in Hempstead.

We are Criminal Lawyers Near 77079 and Criminal Lawyers Near 77445.

For assistance with drug crime issues, contact a Drug Crimes Lawyer Houston at

Looney Smith Conrad & Hefti P.C. at 281-597-8818.  Text us: 405-388-6191

Our Drug Crimes Lawyer Houston is available 24 hours a day, 7 days a week for a

no-obligation case evaluation.

Call a Drug Crimes Lawyer Houston.