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Drug Possession

Drug Offenses Defense Attorney

If you or a loved one has been arrested for a drug offense, you will need to hire an attorney experienced if defending persons accused of drug possession and drug delivery. An arrest for drug possession or other drug related offense can kill your chances of getting good employment and permanently damage your future. As a former prosecutor and now criminal defense attorney, Waren Price has handled thousands of drug possession and drug delivery cases over his 20 year career. He can help you with yours.

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Drug Offense Practice AreasControlled Substance Penalty Groups

The Texas Controlled Substances Act is contained in Chapter 481 of the Texas Health & Safety Code. The Act categorizes various controlled substances into Penalty Groups and criminalizes conduct related to those controlled substances. The Penalty Groups are numbered 1 - 4. The higher the Penalty Group the controlled substance falls within, the higher the potential for abuse and dependence. Some of the more common substances found in those Penalty Groups are as follows:

Penalty Group 1

  • Cocaine;
  • Heroin;
  • Methamphetamine;
  • Gamma hydroxybuterate (GHB);
  • Flunitraxepam (Rohypnol);
  • Methadone.

Penalty Group 1 - A

  • Lysergic acid diethylamide (LSD).

Penalty Group 2

  • Amphetamine;
  • Methylenedioxymethamphetamine (MDMA);
  • Tetrahydrocannabinol (THC other than marijuana);
  • Psilocybin (Mushrooms).

Penalty Group 3

  • Alprazolam (Xanax);
  • Carisoprodol (Soma);
  • Clonazepam (Klonopin);
  • Diazepam (Valium);
  • Lorazepam (Ativan).

Criminal defense attorney Waren Price has defended many persons accused of possessing, delivering and/or manufacturing each of these various controlled substances. If you or a loved one has been charged with a drug offense related to one of these or some other controlled substance, he can help.

Potential Penalties for Possession of Controlled Substance

The following is an overview of the ranges of punishment for various substances in varying amounts. The type of substance determines what penalty group the substances falls within. The amount of the substance then determines what level the offense is within that Penalty Group. The Penalty Groups for some of the more common controlled substances are set out above.

Penalty Group 1 - Range of Punishment

  • Less than 1 gram (State Jail Felony): 180 days - 2 years in State Jail
  • 1 - 4 grams (3rd Degree Felony): 2 years - 10 years in prison
  • 4 - 200 grams (2nd Degree Felony): 2 years - 20 years in prison
  • 200 - 400 grams (1st Degree Felony): 5 years - 99 years or Life in prison
  • 400 grams or more: 10 years - 99 years or Life in prison

(Each offense carries an optional fine not to exceed $10,000.00.)

Penalty Group 2 - Range of Punishment

  • Less than 1 gram (State Jail Felony): 180 days - 2 years in State Jail
  • 1 - 4 grams (3rd Degree Felony) : 2 years - 10 years in prison
  • 4 - 400 grams (2nd Degree Felony): 2 years - 20 years in prison
  • 400 grams or more (1st Degree ): 5 years - 99 years or Life in prison

(Each offense carries an optional fine not to exceed $10,000.00.)

Penalty Group 3 - Range of Punishment

  • Less than 28 grams (Class A Misdemeanor): Up to one (1) year in county jail
  • 28 grams - 200 grams (3rd Degree Felony): 2 years - 10 years in prison
  • 200 grams - 400 grams (2nd Degree Felony): 2 years - 20 years in prison
  • 400 grams or more (1st Degree Felony): 5 years - 99 years or Life in prison

(Each offense carries an optional fine.)

Drug Free Zones

Drug Free Zones are geographic areas in which the penalties for certain offenses under the Texas Controlled Substances Act are elevated or enhanced when those offenses are committed within a Drug Free Zone. The Drug Free Zones are established by creating a radius around certain premises, including, but not limited to:

  • playgrounds,
  • schools,
  • arcades,
  • youth centers, and
  • public pools.

The primary purpose of creating these Drug Free Zones was to insure the safety of children who may frequent those various premises. Offenses committed within those Drug Free Zones are often punished more harshly even when no children are present. It is also worth mentioning that when the punishment is increased following conviction for an offense occurring within a Drug Free Zone, then the resulting punishment will not run concurrently with any punishment you may have to serve for any other offense. The result is that those sentences must run consecutively or are "stacked."

Prescription Fraud Offenses

As more and more prescription narcotics flood the market, the abuse of those substances is also increasing in frequency. In many places this has reached epidemic proportion. The need for more of those narcotics than a physician may be willing to prescribe has led many to attempt to obtain those substances by fraudulent means. Section 481.129 makes it a criminal offense to possess a controlled substance obtained by fraud. Criminal defense attorney Waren Price has successfully represented many clients with this type of charge. If you have been accused of prescription fraud, he can help.

Texas Drug Crime Defenses

While the unique circumstances of each client's case will enable our criminal defense attorney to craft the most effective defense, the following are some common defenses to many drug offenses:

  • No probable cause for warrantless search;
  • No probable cause for arrest;
  • No affirmative links to drugs;
  • No proof of care, custody, control or management of drugs;
  • Custodial statement taken with no Miranda Warnings;
  • Client incorrectly identified as suspect;
  • Search warrant is not supported by probable cause;
  • No proof beyond a reasonable doubt of possession.

One or more of these defenses may apply in your case. Other legal defenses or mitigating circumstances may also exist. Let our drug defense attorney work with you to identify those defenses that may be presented in your case.

Hire an Experienced Drug Offenses Defense Attorney

If you or a loved one has been arrested for a drug related offense, then it is critical that you hire an attorney experienced in defending those cases. The potential penalties for most offenses can land you back in jail and leave you with a criminal history that can't be repaired. Criminal defense attorney Waren Price will fight to defend against your drug charges.

Call now for Your Free Consultation

Client Reviews
★★★★★
I was very lucky to find a excellent lawyer like Mr. Price. He was very professional and patient, and answered all my questions and concerns in detail. And, he would follow up with me with the latest updates, until the case was successfully dismissed. Will definitely refer him to families and friends if needed. Highly recommended! Justin
★★★★★
An amazing lawyer who looked over everything, explained all options possible for my case, and got me exactly what I was wanting. Couldn't ask for a better attorney for my case. Nicole M.
★★★★★
Mr. Price was great and i was very pleased with his work and knowledge of how to get the job done. He put himself in my shoes and fought like there was no tomorrow. If theres anyone i want on my side its Attorney Price. Thank you for your work and my no billed outcome! Your the man. Chris I.