Having a skilled attorney by your side as you fight drug charges is crucial to obtaining a positive outcome. If you have been charged with a drug offense in Collin County, rely on Underwood & Associates to help you build a strong defense. Our McKinney and Collin County drug crime attorney has handled thousands of cases and is ready to help you protect your rights and freedom inside and outside the courtroom.
Drug Crime Cases We Handle
Our drug crimes lawyer in McKinney represents clients accused of all types of drug offenses, including:
- Drug possession
- Drug manufacturing
- Drug Trafficking
- Intent to deliver
- Possession of drug paraphernalia
- Felony drug crimes
- Prescription drug offenses
- Internet drug sales
Have you been accused of a drug crime? Call Underwood & Associates today at (214) 544-8040 or contact us online to schedule a consultation with our drug crimes lawyer in McKinney.
Texas Controlled Substances Act
In Texas, controlled substances are regulated by the Texas Controlled Substances Act. Under this Act, substances are divided into six different categories, which are called penalty groups. The penalties for drug crimes are directly linked with the substance’s classification, as each penalty group has a range of minimum and maximum punishments based on the amount of substance possessed. Penalty Group 1 carries the harshest punishment, and Penalty Group 4 the least. Marijuana is not included in any of the six groups but instead has its own laws and penalties.
What Are the Drug Penalty Groups in Texas?
The penalty groups include:
- Penalty Group 1 – This group includes a variety of opiates (such as oxycodone, hydrocodone, and codeine), opium derivatives and isomers (such as Heroine and Fentanyl), Ketamine, opium salts and extracts, and methamphetamine. Possession of a PG 1 substance is a felony. Penalties begin at 180 days to 2 years in jail and fines of up to $10,000. When the offense involves larger amounts of the drug, a conviction can be punished by 10 to 99 years in prison and a fine of up to $100,000.
- Penalty Group 1-A – This penalty group is dedicated to LSD and its derivatives (including salt, isomer, or salts of isomers). Possession of a PG 1-A substance is always charged as a felony. A conviction for a small amount of the substance can result in 180 days to 2 years in jail and a maximum fine of $10,000. Larger amounts could land an offender in prison for 15 to 99 years and cost $250,000 in fines.
- Penalty Group 2 – Hallucinogenic drugs like PCP, Ecstasy, mushrooms, and mescaline are placed in Penalty Group 2. Possession of a PG 2 substance is a felony. If you possess less than one gram, you could face 180 days to 2 years in jail and a fine of up to $10,000. Possession of 400 grams or more can be penalized by 5 to 99 years in jail and a maximum fine of $50,000.
- Penalty Group 2-A – Artificial chemical compounds that mimic cannabinoids (like K2 and Spice) fall under Penalty Group 2-A. Those found possessing less than two ounces will face a Class B misdemeanor. Possession of 2 to 4 ounces of a PG 2-A drug will be charged as a Class A misdemeanor. Any amount above 4 ounces will result in felony charges. While smaller amounts carry a punishment of up to 1 year in jail, large amounts can result in 5 to 99 years in prison and a maximum fine of $50,000.
- Penalty Group 3 – This group is made up of opiates and opioids that do not fall under Penalty Group 1, including methylphenidate (Ritalin), benzodiazepines, Valium, anabolic steroids, and a range of prescription drugs that have either a depressant or stimulus effect. Possession of a small amount of a PG 3 substance is charged as a misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Possession of 28 grams or more is a felony. Those found with more than 400 grams of a PG 3 substance in their possession could face up to 99 years in prison and a max fine of $50,000.
- Penalty Group 4 – Many prescription medications and the chemical compounds that make up those medications fall under Penalty Group 4. Possession of less than 28 grams of a PG 4 drug is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of $2,000. If the amount is over 28 grams, the offender will face felony charges. Those who possess more than 400 grams could go to prison for 5 to 99 years and be required to pay a fine of up to $50,000.
Can you get probation for a felony drug charge in Texas?
In Texas, you can get probation for a felony drug charge. If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested for a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree. If you are arrested for a state jail felony drug charge, then the normal range of punishment is a minimum of 6 months and a maximum of 2 years in the State Jail and up to a $10,000 fine. You may also be eligible for community supervision (probation), which requires a minimum 2 year and a maximum 5-year probation sentence. If you have been arrested on a state jail drug possession charge (the most common type of felony drug charge in Texas), then it’s important to know that probation is the preferred outcome under the law. Even when you have a criminal history and may have been arrested in the past for a felony drug charge, as long as you were never convicted, then the Court HAS to give you probation under the law.
Defenses Against Drug Crimes in Texas
There are multiple legal defenses that can be used against drug crimes in the state of Texas; these can include the following:
- Illegal search and seizure: If law enforcement officers acquire evidence through an illegal search or seizure, that evidence may be excluded from court.
- Lack of knowledge or intent: If the defendant was unaware that the substance was illegal or that they did not have intentions to commit a crime, they may be able to avoid conviction.
- Entrapment: If law enforcement officers induced the defendant to commit a crime they would not have committed on their own, this could be entrapment and could lead to charges being dropped.
- Duress or coercion: The defendant may be able to use duress or coercion as a defense if they can prove they were forced or threatened into committing the crime.
- Insufficient evidence: Charges may be dismissed if the prosecution cannot provide proof beyond a reasonable doubt that the defendant committed the crime.
- Miranda rights violations: If law enforcement officers fail to read the defendant their Miranda rights, any statement that was made by the defendant may be excluded from court.
The effectiveness of these defenses will be dependent on the particular circumstances surrounding the case. If you are being faced with charges for a drug crime, seek the legal advice of drug crime lawyer William Underwood, who can build a strong defense strategy on your behalf.
Contact Our Drug Crimes Lawyer Today
The penalties for drug offenses can ruin a person’s life. With so much at stake, you need an aggressive drug crimes lawyer who has the knowledge and experience to fight for your rights. When you go with Underwood & Associates, you will benefit from working with a smart, successful McKinney drug crime lawyer who knows the ropes and understands the science, and who will do what it takes to obtain the best results possible in your case.
Drug Crime FAQs
What determines which penalty group my drug charge falls under in Texas?
In Texas, controlled substances are divided into penalty groups based on their chemical composition, potential for abuse, and accepted medical use. The specific drug involved in your charge determines which penalty group applies. This classification is critical because each penalty group carries different sentencing guidelines and penalties, ranging from misdemeanors to severe felonies.
What are the differences between Penalty Group 1, 1-A, and other groups?
Penalty Group 1 includes commonly abused drugs like cocaine, heroin, and methamphetamines. Penalty Group 1-A covers the most potent opioids, including fentanyl. Groups 2, 2-A, 3, and 4, cover substances with a lower potential for abuse.
Can I get probation even if charged with a state jail felony drug offense?
Yes. Depending on your criminal history, the circumstances of your case, and your attorney’s strategy, state jail felony charges can sometimes be resolved with probation rather than prison. Texas law provides options for deferred adjudication and probation in certain cases.
What’s the distinction between drug possession, intent to deliver, and trafficking?
- Possession: Having a controlled substance for personal use.
- Intent to deliver: Evidence indicates you planned to distribute the drug to others.
- Trafficking: Involves larger quantities and is considered a more serious felony.
How do prescription drug charges differ from other controlled substance offenses?
Prescription drug charges often involve the illegal possession or distribution of medications that are legally prescribed to someone else. While some are classified similarly to other controlled substances, penalties may vary depending on the drug type and quantity.
Can lack of evidence or faulty testing lead to dismissal of my drug crime charge?
Absolutely. Weak evidence, mishandled evidence, or inaccurate drug testing can provide strong grounds for dismissal or reduction of charges. A skilled attorney will scrutinize lab reports and law enforcement procedures to identify flaws in the prosecution’s case.
What steps should I take immediately if arrested for a drug crime?
Remain calm and exercise your right to remain silent. Do not consent to searches without a warrant. Contact an experienced McKinney drug crime attorney immediately to ensure your rights are protected and your defense is prepared from the start.
Do internet drug sales charges carry different legal consequences?
Yes. Selling controlled substances online can trigger federal charges or enhanced state penalties, depending on the scope of the activity and the substances involved. These cases often require complex legal strategies.
How can a McKinney attorney help reduce or dismiss drug charges?
A knowledgeable attorney can investigate the circumstances of your arrest, challenge improper searches or evidence, negotiate with prosecutors, and explore alternative resolutions such as diversion programs, deferred adjudication, or probation.
Are there special penalties for drug offenses near schools or in designated zones?
Yes. Drug crimes committed within 1,000 feet of a school, daycare, or designated public zone can result in enhanced penalties. Understanding these zone laws is crucial for mounting a strong defense.
What role does the Controlled Substances Act play in my case?
The Texas Controlled Substances Act classifies drugs, defines offenses, and sets the framework for penalties. Your case will be evaluated under this law, so understanding how it applies to your charge is vital for your defense.
How long does a typical drug crime case take to resolve in Collin County?
The timeline varies based on case complexity, type of charge, and court availability. Some cases resolve in a few months through plea agreements, while others involving trial can take a year or more. Your attorney can provide a more accurate estimate after reviewing your case.
Contact Underwood & Associates today to get started on your defense with our McKinney drug crimes attorney.
