Drug Crimes Attorney Located In Irving 

Possession & Distribution of Drug Paraphernalia

The drugs themselves are not the only criminalized items in a drug crime. It is also against the law to knowingly or intentionally use or possess drug paraphernalia. Drug paraphernalia refers to anything used to grow, harvest, process, sell, store, or use drugs.

Possession of drug paraphernalia is a Class C misdemeanor punishable by up to $500 in fines. Selling paraphernalia is a Class A misdemeanor that could result in up to one year in jail and a $4,000 fine. If the items are sold to a minor, the offense can be charged as a state jail felony punishable by 180 days to two years in prison and $10,000 in fines. 

Types of Drug Charges in Texas

Texas has strict drug laws, and the severity of charges depends on the type and amount of drugs involved. Some common drug-related offenses include:

• Possession of Controlled Substances – This includes illegal drugs like cocaine, methamphetamine, heroin, and unauthorized prescription medications. Penalties vary based on drug type and quantity.
• Drug Manufacturing and Trafficking – Producing or distributing drugs carries much harsher penalties than possession. Charges often escalate to felonies, leading to long prison sentences.
• Prescription Drug Fraud – This includes forging prescriptions, doctor shopping, or illegally distributing medications like opioids, stimulants, and sedatives.
• Possession with Intent to Distribute – If law enforcement believes you planned to sell or distribute drugs, you could face more severe penalties than simple possession. Evidence like large amounts of cash, packaging materials, or scales may be used against you.

Drug Crime Penalties Beyond Criminal Charges

A drug conviction can impact your life far beyond jail time and fines. Some additional consequences include:

• Impact on Employment & Professional Licenses – Many employers conduct background checks, and a drug conviction can limit job opportunities. Certain professions, such as healthcare and law enforcement, may revoke professional licenses.
• Immigration Consequences for Non-Citizens – Non-U.S. citizens, including green card holders, may face deportation or visa denial if convicted of a drug-related crime. Even minor offenses can trigger immigration consequences.
• Loss of Financial Aid for Students – A drug conviction can make you ineligible for federal student aid, limiting access to education and scholarships.
• Driver’s License Suspension – In some cases, a drug conviction may result in suspension of your driver’s license, making transportation and employment more difficult.

Federal vs. State Drug Charges

Some drug crimes are prosecuted under Texas state law, while others are handled at the federal level. The key differences include:

• When a Drug Case Becomes a Federal Offense – If a crime involves large quantities of drugs, trafficking across state lines, or federal agencies like the DEA, it may be charged as a federal offense.
• Differences in Penalties – Federal drug penalties are often harsher than state penalties and may include mandatory minimum sentences.
• Federal Sentencing Guidelines – Federal courts use strict sentencing guidelines, often resulting in longer prison terms with limited parole options.

If you are facing drug-related charges, understanding the severity of the penalties and legal options is critical. An experienced attorney can help build a strong defense and protect your rights.

Frequently Asked Questions (FAQ) About Drug Crimes

Can I be charged with drug possession if the drugs weren’t mine?

• Yes. If drugs are found in a car, home, or area under your control, you can be charged with possession—even if they weren’t yours. However, an attorney can argue lack of knowledge as a defense if you were unaware of the drugs.

What should I do if I’m arrested for a drug crime?

• Stay calm and do not answer questions without an attorney. Anything you say can be used against you. Politely request a lawyer and avoid discussing your case with police or anyone else.

Can a first-time drug offense be dismissed?

• In some cases, yes. Texas offers pretrial diversion programs and drug courts for first-time offenders, which could lead to case dismissal or reduced penalties. An attorney can help you explore these options.

Will a drug conviction stay on my record forever?

• Most drug convictions are permanent unless they qualify for expungement (if dismissed) or nondisclosure (in limited cases). Some offenses may be sealed, but felony drug convictions are typically not eligible.

Can I Be Charged with Drug Trafficking for Carrying a Large Amount of Drugs?

• Yes. In Texas, possessing a large quantity of drugs can lead to trafficking charges, even without intent to sell. Evidence like packaging materials or cash can strengthen the case against you. Like DWI/DUI charges, drug offenses carry severe penalties, so seeking legal help is crucial.

How does a drug conviction affect child custody?

• A drug conviction can negatively impact custody cases, as courts consider drug use a risk to a child’s well-being. You may face restricted visitation or even loss of custody in severe cases.

Can prescription drugs lead to criminal charges?

• Yes. Possessing a prescription drug without a valid prescription is illegal. Selling or distributing prescription medications without authorization can lead to felony charges.

Let Kelley Legal Defend You

Attorney Erin is experienced in drug crimes defense and can develop a personalized defense for your case. Whether you have been accused of recreational marijuana use, possession of drug paraphernalia, or distribution of another controlled substance, she can represent you in court and combat the allegations against you. 

In addition to the jail time and fines listed above, the consequences upon conviction could also include deportation or some other impact on your immigration status. Kelley Legal works closely with immigration lawyers in the area, so Erin has a unique understanding of the intersection between criminal charges and immigration law. 

Protect Your Future – Contact Us Now!
If you’re facing drug charges, you need an experienced defense attorney on your side. Call (469) 564-3420 or contact us today to discuss your case and start building your defense.