Drug Trafficking Lawyer in San Antonio
Drug trafficking includes the manufacturing, delivery, or possession of an illicit substance with the intent to distribute. In Texas, drug trafficking charges are typically a felony offense. Specific penalties will depend on the type of narcotic and the amount in your possession. Even a first-time offense carries substantial jail time and fines.
At The Cook Law Firm & Associates PLLC, our San Antonio drug trafficking attorney provides aggressive representation when you face these charges. With over 15 years of experience defending drug trafficking charges, we can help you protect your freedom and reputation.
What Counts as a Controlled Substance Under Texas Law?
Chapter 481 of the Texas Health and Safety Code (the Texas Controlled Substances Act) governs drug trafficking charges. The Code defines a controlled substance as any drug, adulterant, or dilutant listed in drug schedules I to V or penalty groups 1 to 4. The Act classifies drugs based on their potential for abuse, acceptable medical use, and whether they can be safely used under medical supervision. While the drug schedules discuss classifications, the penalty groups discuss specific punishments based on quantity.
Drugs in Schedule I have no acceptable medical use and are the most potent, while the drugs in Schedule V carry the lowest level of abuse and are typically used for medical purposes. These drugs typically contain small amounts of narcotics. Examples of drugs in Schedule I include MDMA, heroin, and LSD. On the other end of the spectrum, drugs in Schedule V include cough medicines with codeine, some anticonvulsants, and Lyrica.
Drug Trafficking Penalties in San Antonio, TX
Drug trafficking penalties in Texas depend on the substance involved and the quantity. The harshest punishments are reserved for drugs in Penalty Group 1, which includes heroin, cocaine, and methamphetamine. If you are convicted of manufacturing or delivering 400 grams or more of a Penalty Group 1 substance, you face a minimum of 15 years and up to 99 years or life in prison, along with a fine of up to $250,000. Even simple possession of 400 grams or more carries 10 to 99 years or life in prison and a fine of up to $100,000.
Marijuana remains illegal in Texas and is penalized under its own statutes. Delivering more than one-quarter ounce and up to five pounds of marijuana is a state jail felony. If convicted, you may be sentenced to between 180 days and two years in a state jail facility and fined up to $10,000. Larger amounts trigger second-degree and first-degree felony charges, and deliveries of more than 2,000 pounds can be punished by 10 to 99 years or life in prison.
What Must the Prosecution Prove to Convict You?
To secure a drug trafficking conviction, a state prosecutor must establish the following beyond a reasonable doubt:
- Knowledge of the drug: You must have knowledge that you have an illicit substance in your possession.
- Intent to distribute: You must have the intent of transporting or delivering the drugs to others.
- Weight threshold: Drug trafficking involves a large-scale operation, with certain quantities for each type of substance triggering a trafficking charge.
Fourth Amendment Violations
While various defenses may be available for drug trafficking charges, our San Antonio drug trafficking lawyer often finds that evidence is gathered through illegal searches. The Fourth Amendment protects citizens against unlawful searches in any place where they have a reasonable expectation of privacy. Generally, the police need a valid warrant to search your home, work, or other property.
Law enforcement may attempt to circumvent these rules by claiming that an exigent circumstance applied. In drug trafficking cases, the police may claim that the drugs were in plain view. These extenuating circumstances rarely apply and require specific parameters to be met. Our drug trafficking attorney will challenge evidence that was illegally obtained, asking the court to exclude it from trial. If you believe that you were the victim of an illegal search, contact our legal team.
Consult with Our San Antonio Drug Trafficking Lawyer
If you are facing drug trafficking charges, you may feel like you are facing an insurmountable battle. At The Cook Law Firm & Associates PLLC, our main goal is to help you spend as little time behind bars as possible. While the prosecution must prove its case beyond a reasonable doubt, our job is to poke holes in its narrative. To discuss your matter, contact us online or by calling (210) 740-0281 today.