Temple Drug Crime Attorney
Drugs crimes are prosecuted in both federal and state court, and those arrested could face some of the steepest penalties imaginable. Whether you are caught possessing, distributing, or manufacturing illegal substances, you face the possibility of felony charges and years in prison.
At The Law Office of Katie L. Gomez, PLLC, our firm believes that no one should suffer unduly for one simple mistake. It is very easy to get caught up in the drug business, either as a user or distributor, and many people regret trafficking in drugs. Our established Temple drug crime attorney will seek the best outcome for your case and will do everything possible to keep you out of prison.
Controlled Substances in Texas
Both Texas and the federal government have created drug schedules. Essentially, they group drugs together based on their degree of dangerousness. The Texas Controlled Substances Act, for example, has included cocaine, heroin, and methamphetamine in Penalty Group 1, whereas THC oil and amphetamines like Vyvanse are grouped in Penalty Group 2.
Some controlled substances are legal if prescribed by a doctor and used according to the prescription. For these reasons, we need to fully understand the facts surrounding an arrest before we can estimate the penalties our clients are facing.
Marijuana remains illegal in our state but is given its own penalty group. The law regarding marijuana is in flux, but local prosecutors in Bell County have the power to charge people for possessing even small amounts of weed.
Penalties for Drug Offenses
If convicted, your penalties will likely depend on the following facts:
- Which drug you were caught with (i.e., the penalty group it belongs to)
- How much drug was in your possession
- Whether you were caught with intent to distribute or not
- Where you were caught with the drugs, such as near a school
It’s also possible that the criminal possession of drugs is simply part of a larger crime. For example, you might have stolen prescription drugs from a pharmacy or a nursing home. In these situations, you can face additional charges for theft.
Anyone caught with cocaine faces some harsher penalties than if they were caught with a substance like marijuana. If you are charged with possessing cocaine, your punishment will depend on the amount of drugs the police catch you with:
- Less than one gram: State felony, six months to 2 years in state prison.
- One to four grams: Third-degree felony, between two and 10 years in prison.
- Four to 200 grams: Second-degree felony, between two and 20 years in prison.
- 200 to 400 grams: First-degree felony, up to 99 years in prison and maximum $10,000 fine
- 400 or more grams: First-degree felony, up to 99 years in prison and maximum $100,000 fine
Other penalties can include community service, probation, and restitution. Anyone convicted of a felony can lose important civil rights, such as the right to vote and possess a firearm.
Will You Go to Jail for a First Offense?
It’s possible, depending on the facts of the case. For example, time in jail or prison is more likely if you were an active participant in a large drug operation than if you were caught with a small amount of drugs for personal use. In our firm’s experience, first-time offenders often can avoid jail by agreeing to probation and participating in drug education courses, though each case is different.
Speak to a Temple Drug Offenses Lawyer Today
Lawyer Katie Gomez is passionate about second chances and believes that her clients deserve aggressive representation that never loses sight of their futures. Contact her firm today to schedule a free consultation.