Have you, a friend, or a loved one been arrested and charged with a Drug conspiracy?
If you are facing drug charges in Houston, you should know that you are not alone. Drug charges are scary, but with the help of an aggressive, experienced defense attorney, you could potentially get your case dismissed in certain situations. Below is a guide to help you understand the different types of drug charges in Texas and what the possible fines and penalties are for a conviction.
Types of Drug Charges & Crimes in Texas
Drug charges carry some of the heaviest fines and penalties in Texas. Being charged with Possession of a Controlled Substance with Intent to Sell or Deliver is a serious matter. Under Texas law, drug crimes are defined as an offense that involves the possession, sale, use, manufacturing or growing of any controlled substance/illegal narcotic. If you have been charged or arrested for conspiring to sell, possess, or manufacture drugs you need an experienced Houston Drug Conspiracy Lawyer.
Texas law has a statute criminalizing conspiracy to commit an unlawful act, such as manufacturing or distributing drugs. In order to prove a conspiracy charge, the prosecutor must prove that two or more people agreed to commit a criminal offense, and at least one of them made one overt act in an attempt to commit the offense. Drug conspiracy means that two people can be together and one of them says to the other, “Let’s go find 20 kilos of cocaine and then sell it.” The other one says, “Okay. Let’s do it.” Later, one of them asks a third person for directions to a place to buy cocaine that could later be sold. The drug conspiracy is now complete. Two people had an agreement to sell cocaine and one made an overt act in pursuance of the agreement. If convicted of conspiracy to sell cocaine, the penalty can be the same as if they actually sold cocaine.
This means that you can be convicted, jailed, and sentenced the same for just planning to sell cocaine just as severely as if you had actually made the sale. Don’t take a plea deal, you need a Houston Drug Conspiracy Attorney for drug charges like conspiracy who know how to defend these audacious cases.
Why Do I Need an Attorney for Drug Conspiracy Charges If I Didn’t Commit a Crime?
Texas prosecutors often add conspiracy charges to the offenses of manufacturing or intent to distribute a controlled substance, because it is easier to get a conviction for the conspiracy offense than for the actual commission of the offense. Also, conspiracy to commit the offense and the commission of the offense are two separate crimes, so the defendant has two charges to defend against and, if convicted, will have two felony convictions. In Texas, the penalties for drug conspiracy charges are commonly the same as for the actual crime, so it is imperative to retain a drug conspiracy lawyer who can successfully fight all drug charges.
Under Texas Penal Code, section 71.02, the only elements of a drug conspiracy charge are:
- One person enters into an agreement with one or more persons that at least one of them will manufacture or distribute a controlled substance; and
- At least one of them commits an overt act in pursuance of the agreement.
Penalties for Repeat and Habitual Felony Drug Charge Convictions
Under Texas law, penalties for repeat drug charge offenders are substantially enhanced, even if a great deal of time has passed between drug offenses. In order to have the penalty increased, the state must provide documentary proof that the defendant has been previously convicted of specific drug offenses. The proof must consist of documents showing the judgment and sentence of each prior offense and the amount of jail or prison time the defendant actually served.
Enhanced penalties for repeat offenders may result in a life sentence in prison, even if the offense would carry only a penalty as a state felony if it had been the first offense. The actual sentence imposed depends on the specific drug involved in the offense currently being prosecuted, and the amount of the drug the prosecution proves the defendant possessed.
If you are facing a drug conspiracy charge, whether this is your first offense or you have had previous drug offense convictions, you are facing a potential life sentence. It is of the utmost importance that you have an experienced Houston Drug Conspiracy Attorney in your corner, fighting the charges on your behalf.
Some examples of the various types of drug charges in Texas include but are not limited to:
- Possession of Marijuana
- Felony Possession of Marijuana
- Possession of Drug Paraphernalia
- Possession of a Dangerous Drug (methamphetamine, cocaine, heroin and other drugs)
- Possession of a Controlled Substance (prescription drugs and other drugs)
- Felony Possession of a Controlled Substance (methamphetamine, cocaine, heroin, etc.)
- Possession with Intent to Deliver (involves the distribution of drugs)
- Possession with Intent to Sell
- Drug Trafficking
- Drug Smuggling
- Drug Sales
- Drug Manufacturing or Cultivation (including the growing/cultivation of marijuana)
- Prescription Fraud
If you, a friend, or a loved one are facing drug charges, contact Houston Drug Conspiracy Attorney Korey Huff now at 713-562-8700 for a free consultation to determine your rights and legal options.
Houston Drug Conspiracy Attorney:
If you, a friend, or a loved one are facing Drug Conspiracy charges, contact Houston Drug Conspiracy Attorney Korey Huff now at 713-562-8700 for a free consultation to determine your rights and legal options.
Types of Drug Cases We Handle
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What Client’s Say
Mr. Korey Huff is an outstanding and trustworthy attorney.. He was very passionate and professional. He always kept me informed about All communications he had with outside attorneys. He only accepted an agreement that he thought was reasonable and fair… If you want a strong and dedicated attorney to represent you, then I recommend Korey Huff. Thanks Korey for all your hard work and fighting for your client! Houston Texas
Very good attorney. Was there for 2 of my cases(same offense) and both worked out in my favor. Reasonable price, very professional, all around good to work with.
Korey Huff is such a great attorney. We made several resets for my case and he managed to get my case settled with the best outcome I could have ever imagined! He is also very reasonable and tells you exactly what you can expect through this process. I highly recommend Mr. Huff and if the need arise (which I hope not!), I wouldn’t hesitate to hire him again.
If it wasn’t for Korey Huff I would be in jail!! He helped me win my case!! He is a Very Outspoken Amazing Attorney! Great Attitude and Very Polite! His services are worth every penny! I Most Definitely recommend him to represent you!
I got arrested for POM. I decided to start calling around and found Korey. Korey was willing to help me out with my payments for him and talked me through me case at every court session. He has a very caring aspect to him and he is good at what he does. He had got my case dismissed after getting a bargain with the prosecutor. I would most definitely hire Korey again. I feel like he worked a…
Got a dwi my bac came back 3 times the legal limit . Came out with 1 year probation, no community service ! . Very satisfied with his work and his price !!