Top Austin Criminal Attorney: Charged With a Drug Offense

Drug violations may be charged against a single individual with just a minute quantity of marijuana, or perhaps a college student selling ecstasy or an individual trafficking considerable amounts of crack across state lines. Because drug offenses cover an extremely wide array of criminal acts, almost nobody can avoid the possibility of being found guilty, regardless if they are an upstanding citizen or possibly a career criminal.

Drug violations range in severity with the possession of a tiny quantity of marijuana for private use being a "lesser" drug crime, and operating an entire drug trafficking business being a significantly greater criminal offense. The violations may be tried as a misdemeanor or perhaps a felony, based on a number of elements. For instance, the kind, quantity and objective are all considered when making an arrest. The prosecution and the judge may also consider whether or not the suspect has a previous criminal history, and they'll examine the circumstances associated with the criminal case. A professional Austin Drug Defense Attorney can help you fight for your legal rights and ensure that the more positive aspects of the circumstances don't get go unnoticed by the prosecution. These techniques will help make sure that you aren't sentenced with stricter consequences than necessary. Drug violations are taken extremely seriously within the state of Texas and a competent defense attorney might be the difference between your liberty and a felony conviction.

According to the elements of one's case, you might discover your self contending with a jail sentence. More significant cases of sales or sizeable amounts of drug possession could put you behind bars. An experienced drug offenses attorney can keep you from dealing with prison time. Drug violations fall within the jurisdiction of both federal and state laws, based on the nature of the criminal offense. Smuggling illegal substances and substantial quantity narcotic conspiracy cases are usually prosecuted on the federal level. Various other drug violations, like possession, manufacture and illegal drug trafficking inside state boundaries, are generally prosecuted by the State of Texas. Drug offenses criminal charges consist of possession, use, sale or furnishing of any type of unlawful drug or drug paraphernalia that's prohibited by law, also as the illegal possession of legal drugs (like prescribed drug misuse).

Drug offenses in Texas are taken extremely seriously by federal and state prosecutors. When you have been arrested for simple marijuana possession, you could encounter elevated criminal charges if you're caught in possession of 4 oz . or more. If you're found guilty of violating the Texas Controlled Substance Act, you might lose the privilege of your driver's license for as much as 6 months. Drug offenses are extremely severe in nature and must by no means be taken frivolously. An individual who's arrested for a drug offense confronts life-changing legal repercussions. In Texas, drug violations are prosecuted harshly by law enforcement officials and District Attorneys. Because of a continual growth in drug associated offenses, the federal and state government now utilize more rigid drug regulations and legal punishments.

Drug violations may be interpreted as infractions, misdemeanors, or felonies based on a host of elements which includes:

• What types of controlled substances had been involved (for example, heroin and PCP are usually known as much more


• "serious" illegal drugs than marijuana).


• The quantity of drugs concerned.


• Whether or not the drugs had been procured for individual use exclusively or to sell to other individuals.


• Whether or not the accused was concurrently concerned within the commission of various other felonies or misdemeanors.


• The defendant's prior criminal history, if any exists.

Drug violations consist of numerous activities forbidden by federal or state statute, which includes possession, sale, manufacture, distribution and trafficking, along with fraud and forgery. Drug violations consist of attempts and conspiracies to commit any type of of these acts. On the federal level, involvement in a continuing criminal enterprise additionally exposes a person to criminal accountability. These violations are extremely precisely defined, and therefore the government is expected to prove to the court a particular set of facts before a charged individual may be declared guilty of them.

Additionally, drug cases often involve the issue of whether or not the proof was correctly acquired by the authorities. Evidence acquired in violation of an defendant's constitutional legal rights isn't admissible in the courtroom. The majority of challenges to the admissibility of evidence are dependent within the Fourth Amendment, that protects Americans from unreasonable searches and seizures.

Drug courts currently operate or are being structured in virtually all 50 states. Although they differ among states, these specialized courts focus on therapy more than time in jail for defendants with substance abuse problems. Compliance with all the enforced stipulations (e.g., frequent drug screening, participation in a therapy program) could possibly lead to dismissal of criminal charges, or suspended or decreased sentences.

When prison time is required, on the other hand, possible penalties escalate based on the type and amount of the drug at issue and also the defendant's past criminal history. Particular crimes are categorized into classes and minimum and maximum sentences of these classes are stipulated based on a defendant's criminal background. Utilization of these sentencing recommendations in state and federal court have long been debatable; proponents maintain that recommendations make sure uniformity and equity in penalties, although opponents debate that they are not able to provide the flexibility required to take into consideration a defendant's specific situations.

When you have Been Charged with a Drug Criminal offense

Drug criminal charges may have serious consequences, such as forfeiture of property and assets and prison time. Talking to a highly skilled lawyer for guidance on how you can proceed is important. If you're dealing with drug criminal charges, a knowledgeable Free Legal Advice Austin Tx will assist you with navigating through the problems concerned in this complicated area of legislation.