We feel the "war on drugs" is really a war on drug addicts. We have filled our prisons by criminalizing a disease. A small amount of drugs can get one many years in prison, possibly decades if they are charging one with not only possession but also delivering, or even just the intent to deliver.
In Texas, drug offenses are either filed in State or Federal courts. Simple possession offenses are almost always filed in the county where the offense allegedly occurred. Larger conspiracies to manufacture or sell drugs may be filed in one of the Texas Federal Courts depending on the facts of the case. Any accusation that an offense extended beyond state lines makes it subject to federal jurisdiction. There are a number of other factors that may also cause a case to be prosecuted in Federal courts rather than State courts. In some situations, a case may begin in State court and then be moved to Federal court based on further investigation by law enforcement or prosecutors. An experienced drug attorney in Texas must be familiar with all possibilities in order to best protect your rights.
The type of drug being used, possessed, sold, or manufactured will determine the severity of the charge. In Texas state courts, drugs are classified according to the Texas Schedule of Controlled Substances.Drugs listed in Schedules 1 and 2 carry most severe penalties and those in 3 and 4 are less severe and usually filed as misdemeanors. The Texas Health and Safety Code Chapter 481 lists the offenses and corresponding punishments for most state drug offenses.
While every case is different, often drug cases involve issues relating to the legality of the search and seizure of the contraband and how the contraband is linked to the accused to prove that the person charged is responsible for possession of the substance. Defense attorney and Texas drug lawyer Efrain Sain is experienced in litigating issues that involve complex analysis of the 4th Amendment of the United States Constitution, federal and state exclusionary rules, and other laws that govern how police may conduct searches and seizures.
It is important to look carefully at what lead to the stop and then the arrest in these situations. Frequently a CI, confidential informant, is involved. Many times, several persons are charged because they are all in the area of the drugs. While the legal definition of possession is much broader than ownership, affirmative links must be established between the defendant and the drug. We will attack all areas that can bring us a victory.
Finally, we feel that a recovering addict who can present evidence of concrete steps taken to change one's life has a much better case in court than just an addict who may be in denial. Looking at the partial list of drugs above, it is amazing what humans will injest to escape reality. The reality of arrest and criminal charges can sometimes be the jolt one needs to start facing one's reality at all costs. We have the resources to get our clients real help, not just in court but in life. Some counties actually have very good rehabilitation programs for first-offenders. We have experience in all the counties in the DFW area and know which avenues are best in each county.