The violation of drug laws can subject someone to charges from both the federal government and the state of Texas. An experienced Midland drug crimes lawyer might be the difference in the accused person’s attempt to clear their name and retain their freedom.
Attorney Tommy W. Hull serves Odessa and all of Midland County. When you’re faced with drug charges, he’ll give you a defense rooted in studious attention to detail and rigorous advocacy of your case.
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“We could not be happier with the outcome as he got the case dismissed. Would recommend him to anyone in need of a criminal defense attorney.”- Kathryn
Drug offenses cover a lot of territory in the criminal code, both here in Texas and at the federal level. The defendant can be someone accused of running a cartel with links to overseas syndicates; it can be someone charged with having a small bag of white powder in their glove compartment, or the charges could fall anywhere in between. Generally speaking, the types of drug crimes fall into these categories…
Drug manufacturing includes the actual act of making illegal drugs. It can also be extended to cover anyone who sells the chemicals and equipment necessary for production. The latter case presumes it can be proven that the person making the sale knew (or had credible reason to know) what the real intent of the purchase was. But anyone involved, at any step in the process of producing illegal drugs, can be charged with drug manufacturing and cultivation.
Trafficking is the legal terminology for the selling of drugs. This can cover everyone from the so-called “street dealer” to the person sitting in a plush office and overseeing billions of dollars worth of illegal transactions.
This one is straightforward–it means the accused person had illegal drugs on them. The reason for possession doesn’t matter.
Possession with Intent to Sell
Here is where we get to where charges of drug possession enter a grayer area. Do prosecutors believe the accused had them for the purpose of selling them? Is there evidence to support that belief? This is no small thing because the sentence for the sale of drugs will be more severe than simply using them. A key criteria prosecutors look at is the quantity of drugs possessed–a large quantity is indicative of possible intent to sell.
What are the Penalties for Drug Crimes in Texas?
Penalties for a drug conviction in Texas range from a $500 fine on the low end to life in prison. Misdemeanor offenses can include jail sentences of six months to a year, and the fines can rise as high as $4,000. If prosecutors make a felony charge stick, there will be a minimum prison term of two years.
The severity of the sentence will depend in part on the previous record of the defendant, as well as the skill of their attorney to negotiate with prosecutors. The amount of drugs possessed will be a factor. And the type of drug will be significant in the eyes of the court. Texas law separates drugs into four different groups for the purposes of sentencing…
- Group 1: The most serious of the four groups includes cocaine, heroin, and crystal meth, among others. Possession of over 1 gram of a Group 1 drug can result in a third-degree felony. If the quantity is 200 grams, prosecutors can bring the more severe 1st-degree felony charge.
- Group 2: Ecstasy, hash, and PCS are a part of Group 2. If the quantity is anywhere from 4 to 400 grams, the standard charge is a second-degree felony. It requires more than 400 grams of these drugs to bring first-degree felony charges.
- Group 3: Anabolic steroids and opioids are well-known parts of the Group 3 list. Possessing 28 grams or fewer can keep the charges at a Class A misdemeanor. Over that amount, felonies are still the prosecutorial standard.
- Group 4: is not substantially different from Group 3 in terms of recommended charges. We should also note that while marijuana is legal in many states, Texas still considers possession of marijuana to be at least a Class B misdemeanor. If the quantity in question is at least five pounds, a felony charge is possible.
Our justice system sees you as innocent until proven guilty, but a tough defense attorney is what makes your constitutional rights matter in a court of law. Call Tommy W. Hull PC to get a Midland drug crimes defense lawyer who will fight for your rights. The office can be reached at (432) 223-0044 or here online.
How To Defend Against A Drug Charge
The best defense strategy will depend on the circumstances of each individual case, but a common starting point is the defendant’s rights under the Fourth Amendment to the U.S. Constitution. This is what protects everyone from illegal search and seizure–meaning that the police generally need a warrant to conduct a search.
- Even if the police did have a warrant, they still needed probable cause to make the request for a warrant legitimate. Probable cause means that the officers have some level of evidence that can be reasonably considered to point to the defendant as a target of suspicion. Fourth Amendment rights must be observed in everything from searching a car to a computer to a house.
- It’s also possible the defendant was not aware that illegal drugs were in their possession. Perhaps someone they share their living quarters with is the one involved, and there is a case of mistaken identity. It’s the prosecutor's job to prove otherwise.
- Did the police abuse their power? Forced confessions can happen. When it does, a good defense lawyer can get the confession thrown out, meaning it cannot be presented to the jury at trial.
- If the charges are the result of a drug test, the validity of the test is subject to scrutiny. Strict chain-of-custody procedures must be followed at every step of the testing process. Failure to do so can result in the test being thrown out. There must also have been probable cause to conduct the test.
- Finally, there are some drugs–notably marijuana–that can be legal when prescribed by a doctor. It’s well possible for an otherwise illegal substance to be legally possessed by a defendant.
Attorney Tommy W. Hull is committed to exploring every possible avenue of defense and then carrying out the strategy with diligence for detail and a commitment to fairness.
Contact A Skilled Drug Crime Defense Lawyer in Midland Today
If you are being faced with drug crime charges in Midland, TX, it is crucial to seek the guidance and expertise of a skilled drug crime lawyer, such as Attorney Tommy W. Hull, who can protect your rights and fight for your freedom. As an experienced drug crimes defense attorney, he understands the complex nature of the legal system in Texas and is dedicated to providing you with aggressive and strategic representation. He is here to analyze your case thoroughly and deliver a strong defense strategy tailored to your unique circumstances. Your future is at stake, so don't hesitate to contact Tommy W. Hull, PC, today for a free consultation.
Contact Tommy W. Hull, PC, today to get started on your defense with an experienced Midland drug crimes defense attorney.