Criminal Defense Attorney for Drug Possession
Being accused of breaking a drug possession law is serious, as even a misdemeanor possession charge on your record can hinder your future. It is important to keep your record clear of drug charges and to do this you will need a knowledgeable, tough criminal defense lawyer. I have years of experience in federal and state cases involving drug charges, so I am prepared to fight for you in court, so that you may not end up in jail, but instead help you get the services you truly need if applicable.
You have the right to remain silent: talk to no one about your drug case! This includes family and friends. Assume all phone calls are recorded. Most phone calls from county jails are recorded so never discuss your drug case on the phone. You need to talk to a drug possesion defense attorney
Is Your Drug Possesion a STATE Charge or a FEDERAL Charge?
Federal court drug cases are usually significantly more complex than Texas state drug cases. Federal drug possesion cases usually involve conspiracy charges and they usually involve a larger amount of a controlled substance and a larger number of conspirators. If you are charged in Federal Court, then you go to the Federal District Court. Drug Crimes usually come under Title 21 of the U.S. Criminal Code. Federal drug cases usually involve motions to suppress issues, motions to suppress search warrants, conspiracy, wiretaps, obstruction enhancements, “safety valve” sentencing issues, the sentencing guidelines, gun enhancements, factual defenses (particularly in conspiracy cases), and communication with federal agents with possible debriefs and proffers. Federal drug cases can be complex and time consuming for criminal defense attorneys that specialize in drug offenses, and thus expensive. However, having an experienced criminal defense attorney that specializes in drug possession cases is essential.
Under the Armed Career Criminal Act (ACCA), a felon in possession of a firearm is a serious crime in Texas state court, but it can become a life sentence in federal court. The Gun Control Act gives a 10-year maximum for a felon in possession cases - but the ACCA provides for a minimum of 15 years and a maximum of life imprisonment. The stakes are immense.
State drug charges usually involve a smaller amount of drugs but the issues of suppression, motions to suppress search warrants, conspiracy and wiretaps can be present. Often the federal government will attempt to hide their involvement in a drug investigation by filing charges in Texas state court while actively pursing a federal investigation. An experienced criminal defense attorney that specializes in drug related cases may be able to determine this and protect you.
State drug charges can range from possession of a small amount of a substance to participation in a large, ongoing enterprise manufacturing or distributing drugs. An experienced criminal defense attorney can help navigate the labyrinth of the legal system, relieving you of some of the horror of the experience.
Possession of less than two ounces of marijuana in Texas is usually a Class B misdemeanor. Synthetic Marijuana charges are becoming more common. These drug cases are vigorously prosecuted and the punishments can be severe if convicted. Synthetic Drug cases can be very complicated due to the chemistry involved. It is also illegal to possess or consume any controlled substance, including Xanax and Adderall, if it was obtained without a prescription. Even misdemeanor drug offenses should not be taken lightly, as they are punishable with up to 180 days in jail and a fine up to $2,000.00. A person can also lose his or her driver’s license for up to 180 days if convicted. Possession of any amount of steroids, methamphetamine, cocaine, heroin or ecstasy is a felony charge that can severely damage your future. Possession of cocaine, ecstasy or meth is a felony offense in Texas. Punishments depend on how much of the drug is in your possession, but they can range from 180 days up to 99 years or life in prison.
No matter how small or large your drug case is, the backing of a strong, experienced Houston attorney is necessary. Don’t take chances with your record or your freedom. If you have been charged with a drug related offense in the Fort Bend, Houston or Wharton area, contact criminal defense attorney David W. Kiatta today at (281) 570-6400 for a free one-hour legal consultation.