Drug Possession With Intent to Sell Lawyer in College Station, Texas, Providing Aggressive Representation for Individuals Charged With Drug Crimes
Drug possession with intent to sell is a serious criminal charge in the state of Texas. Texas law surrounding drug laws has been created to slow down the number of criminal cases that could be related back to drug possession or other uses. As a result, Texas has some of the strictest laws in the nation when it comes to drug crimes.
Typically, drug possession charges and other drug crimes in Texas can include prison or jail time, steep fines, your driver’s license being suspended, and forever being labeled a convicted felon. Although it is possible to have your record expunged, you must wait for a period of three years and meet certain other criteria before being permitted to do so.
The Greening Law Group has a proven track record of being able to obtain positive results for our clients. We are passionately committed to examining every aspect of your case and making sure that your constitutional rights were not violated and that law enforcement officials had probable cause to arrest you. If any of these aspects do not hold up to legal scrutiny, then we can ask for your case to be dismissed or, at the least, request a reduction in the charges.
We also recognize that many of our clients have drug abuse issues that have contributed to their being arrested. Many individuals that we represent have problems related to prescription drug abuse or have previous charges related to methamphetamine possession, a drug that is highly addictive. Drug abuse can cause even the best of people to end up with drug possession charges and find themselves in serious legal trouble.
At the Greening Law Group, we make no judgments. If you have been charged with possession of a controlled substance with the intent to sell, you need a qualified drug possession attorney to represent you immediately. Time is of the essence in all drug possession cases as witnesses often move away or cannot be located, and evidence can be lost or misplaced.
Contact the Greening Law Group as soon as possible and ask to schedule a free consultation to discuss your case. We will be more than happy to sit down and listen to your side of the story and begin to build a solid defense strategy on your behalf.
Begin with a FREE case review. Call (979) 596-4088 to schedule yours now.
What Types of Drug Possession With Intent Charges Does Your Law Firm Defend?
The Greening Law Group of College Station, TX, has the skill and necessary experience to fight many various types of drug possession charges. Our lead criminal defense lawyer is a former prosecutor and understands how the Texas criminal justice system works when attempting to prosecute individuals who have been charged with drug offenses.
Our law firm has a vast amount of experience and is prepared to defend the following types of intent with possession cases:
- Sell: If you are charged with this type of criminal offense, the state of Texas believes that your main objective was to sell illegal drugs to make a profit. The quantity of drugs is enough that it cannot reasonably be considered to be for personal use.
- Traffic: Drug trafficking is one of the most serious drug offenses in Texas that you can be charged with. Drug trafficking typically involves bringing large quantities of illegal drugs over the border or across state lines.
- Distribute: The intent to distribute drugs is often confused with selling drugs. Drug distribution is a crime that can involve not only selling drugs but also manufacturing, importing, or delivering illicit drugs.
- Manufacture: If you have been arrested on a charge of possession with the intent to manufacture, you most likely had chemicals or other materials that could be used to make illegal drugs, such as methamphetamine or crack cocaine. A manufacturing charge is a serious conviction that can cause you to face a substantial amount of time in prison.
One of the main elements of your case that the state must prove is that you intended to sell the controlled substances that you were caught with when you were arrested. The prosecutor must be able to prove that was your intended purpose. Many individuals are charged with possession with intent to sell when they actually did intend it for their own personal use. The charge frequently stems from the amount of the illegal controlled substance you had in your possession.
Nevertheless, if you are facing charges of drug possession with intent, we urge you to explore your potential defenses with our College Station, Texas, drug possession attorney at The Greening Law Group. It is certainly not in your best interests to assume that you should plead guilty without putting up a fight. There is hope, and we intend to battle these charges alongside you until the very end. We take pride in the fact that we continuously work to provide a positive attorney-client relationship with each person who chooses us to represent them.
What are the Criminal Penalties for Drug Possession With Intent to Sell?
The state of Texas classifies drugs by penalty groups, as outlined in the Texas Controlled Substance Act. The harsh penalties and fines for possession of controlled substances are linked to whichever group the drug may be classified in and become more severe with each succeeding group. First-degree and enhanced first-degree convictions can result in what basically amounts to a life sentence in Texas. The quantity of illegal drugs that you were apprehended with also plays a huge part in determining sentencing if you are convicted.
Penalty Group 1
Group 1 contains substances that are highly abused by drug offenders, including methamphetamine, cocaine, opium, and date rape drugs.
Up to Four grams: If convicted, this is a second-degree felony, and you face up to 20 years in prison and a fine ranging up to $100,000.
Up to 200 grams: If convicted of possession of up to 200 grams, also a second-degree felony, the criminal penalty increases to up to 99 years in prison and a $10,000 fine.
200+ grams: If you are convicted of possessing 200+ grams, this now becomes an enhanced first-degree felony with a maximum sentence of up to 99 years in prison and a $250,000 fine.
Penalty Group 2
This group contains substances that are also highly abused in the form of hallucinogens.
Up to 4 grams: This is a second-degree felony, and if convicted, you face up to 20 years in prison in addition to a fine of up to $10,000.
Up to 400 grams: If convicted of possessing up to 400 grams, this is a first-degree felony punishable by up to 99 years in prison and up to a $10,000 fine.
400+ grams: Possessing a substantial quantity of drugs in Group 2 becomes an enhanced first-degree felony punishable by up to 99 years in prison and a $100,000 fine.
Penalty Group 3
The drugs contained in group 3 are generally considered to be lower-abuse substances such as LSD or Xanax.
Less than 28 grams: If convicted, you could face up to two years in prison and a fine of up to $10,000. This offense is also classified as a state jail felony.
Up to 200 grams: A conviction for possessing up to 200 grams is a second-degree felony and will cause you to face up to 20 years in prison, along with a fine ranging up to $10,000.
Up to 400 grams: This is a first-degree felony, and if convicted, you face up to 99 years in prison with a fine of up to $10,000.
400+ grams: A conviction for 400+ grams is an enhanced first-degree felony punishable by up to 99 years in prison, along with a potential fine of up to $100,000.
Penalty Group 4
Group 4 is reserved for lower-abuse substances such as prescription drugs.
Less than 28 grams: This is labeled as a state jail felony, also punishable by up to two years in state prison in addition to a fine of up to $10,000.
Up to 200 grams: Classified as a second-degree felony, if convicted, you could spend up to 20 years in prison and a fine of up to $10,000.
Up to 400 grams: If convicted of a first-degree felony involving 400 grams, you face the possibility of serving up to 99 years in prison and a fine of up to $10,000.
400+ grams: Under Texas law, this is an enhanced first-degree felony, and if convicted, you could spend up to 99 years in prison in addition to a fine of up to $100,000.
Does Your Law Firm Offer a Cutting-Edge Defense to Drug Charges?
In drug possession with intent cases, the crucial elements that the prosecutor must prove are whether the drugs in your possession actually belonged to you and whether you had the intent to distribute or sell them. As a former prosecutor, our lead attorney knows exactly how law enforcement officials investigate, how they obtain their evidence and the shortcuts that they take to arrest defendants.
We can launch our own investigation, scrutinize search and seizure procedures, question whether the prosecutor has enough evidence to convict you, and explore sophisticated defense methods. We work hard to deliver favorable outcomes to each client inside and outside of court.
One of the first steps that we take in building a strong defense is to closely examine all the evidence that the state may have against you. Several defense strategies may apply to your case. They include the following:
- Illegal search and seizure: Every individual has certain constitutional rights that protect against illegal search and seizure as outlined in the 4th Amendment. If there is anything improper or illegal regarding the search warrants that were used to gain evidence against you, we can request that they be thrown out on legal grounds.
- Disproving intent to distribute: As previously mentioned, it can be extremely difficult for a prosecutor to meet the burden of proof necessary to demonstrate that you truly did have the intent to distribute illegal substances. Our skilled criminal defense lawyers have a great deal of experience in dealing with complicated issues that relate to drug offenses and criminal law. As a result, our law firm is more than capable of being able to challenge evidence and other legal issues that may arise.
- Discrediting law enforcement or witness testimony: It is not uncommon for law enforcement officials to be overzealous in their desire to arrest and convict individuals that they believe are committing drug offenses and other criminal offenses related to drug abuse. Repeatedly we have seen cases that, upon closer examination, uncovered the fact that law enforcement officials did not have probable cause to obtain search warrants, and as a result, key evidence was thrown out. In addition, witness statements often do not hold up under close scrutiny and can be challenged in court.
In addition, oftentimes, the prosecutor must rely on circumstantial evidence when attempting to prove a drug possession with intent to sell cases. It is vital to remember that the prosecution has the burden of proof. The state must be able to demonstrate beyond a reasonable doubt that it was indeed your intent to sell, deliver, or distribute the controlled substance.
Circumstantial evidence, by its nature, can be challenged or thrown out, both of which can seriously weaken the state’s case against you. Circumstantial evidence can include large amounts of cash, drug paraphernalia in the form of scales or baggies, text messages, or other forms of electronic communication that seem to indicate that you had possession of a controlled substance with the intent to distribute.
When prosecutors rely on circumstantial evidence to make their case, an experienced criminal defense attorney can help determine possible defenses that explain lawful reasons for such circumstantial factors. Your case might not even make it to court if police seized drugs from you through an illegal search and seizure.
Your choice of attorney matters. See why we are the right choice
How Can The Greening Law Group Fight For My Freedom? <
When you have been charged with the serious crime of possession with the intent to sell, you need a skilled criminal defense attorney who can provide you with the aggressive defense that you need to obtain an outcome that is favorable to you.
With over 26 years of experience tackling criminal cases, The Greening Law Group of College Station, TX, has earned a reputation as fierce defenders and trusted advocates for criminal defendants. Our lead attorney is a former prosecutor and is also Board Certified in Criminal Trial Law, a distinction earned through years of hard work and dedication to the field. Craig Greening has the advantage of an insider’s perspective when making decisions as to how best to defend your case.
Our criminal defense attorneys know how to negotiate and ask for your charges to be reduced or even dismissed. If you are eligible to have your charges reduced, you may be granted the opportunity to participate in alternative sentencing arrangements such as a drug diversion program or probation. Often successful completion of these types of programs can afford you the ability to not be convicted and subsequently be branded with a permanent criminal record.
Do not trust your future to just any criminal defense attorney. With our years of knowledge and experience, The Greening Law Group has a definite advantage over other criminal defense attorneys who may promise results but lack the necessary experience to achieve positive outcomes.
Make sure that the attorney you choose has the knowledge and experience necessary to put up a strong defense on your behalf. We understand what is at stake in drug possession cases and how these charges can affect your future. Our legal team is ready to use our collective experience and knowledge to fight for your freedom.
Do not wait to call our firm at (979) 596-4088 to start your defense. We are happy to schedule a free consultation with you to discuss your case and answer any questions that you may have regarding your case. You may also reach us through our website or via email.