San Marcos, TX, Drug Crimes Lawyer
Drug charges in San Marcos come with life-altering consequences. When your freedom and future are at stake, choosing the right legal defense is paramount. You need an attorney who understands the challenges you face and can guide you through the complex procedures of a criminal case.
At the Law Office of Case J. Darwin, we know how a drug crime conviction can change your life’s trajectory. That’s why we work so hard to protect your rights and freedom. As a former Houston prosecutor, attorney Case J. Darwin knows how Texas authorities handle these cases and what’s at stake for defendants like you. We pride ourselves on our local roots. Case J. Darwin is a fluent Spanish speaker, so if Spanish is your language, you will never have trouble communicating with our lawyer. We will work tirelessly to help you reach the best possible outcome in your case. Call (512) 738-6146 now or complete our online contact form for a free consultation.
What Are Some Common Drug Crimes in San Marcos?
In San Marcos, like many cities across Texas, the police and court take drug-related offenses very seriously. Moreover, drug crimes encompass various criminal activities, each with its own potential penalties. Here’s an overview of some common drug offenses in San Marcos:
- Drug Possession: This is the most common drug-related charge defendants in San Marcos face. It involves a person having control over a drug, whether on their person, in their vehicle, or at their residence. The severity of the charge can vary depending on the type and amount of drug in question.
- Drug Distribution: A drug distribution charge is more severe than mere possession. This charge applies if an individual is involved in selling, delivering, or providing drugs to other people. The penalties can vary based on the quantity of drugs being distributed and the circumstances surrounding the sale.
- Manufacturing Drugs: This charge pertains to producing or creating illegal drugs. Whether it’s a makeshift methamphetamine lab or large-scale cannabis cultivation, manufacturing charges carry severe consequences.
- Drug Paraphernalia Possession: Even if an individual doesn’t have drugs on them, possessing items used to consume, store, or distribute drugs can lead to this charge. Common paraphernalia includes pipes, syringes, and scales.
- Prescription Drug Offenses: Unlawful possession, distribution, or fraudulent acquisition of prescription medications also falls under drug crimes. Misuse of opioids, sedatives, and stimulants is a particular concern for law enforcement due to the rising opioid epidemic.
Penalties for Drug Crimes in San Marcos
The Texas Controlled Substances Act classifies different drugs into four different penalty groups. The penalty for possessing, manufacturing, or delivering these drugs depends on the type of drug, the quantity, and other factors. Because so many elements figure into the penalties for drug crimes in Texas, it’s difficult to say what the penalty is for a particular offense. However, drug crimes in Texas can range from low-level misdemeanors to severe felonies. Here are the baseline penalties for drug possession in Texas:
- Class C misdemeanor – Maximum fine of $500
- Class B misdemeanor – Up to 180 days in jail, maximum fine of $2,000
- Class A misdemeanor – 180 days to one year in jail, maximum fine of $4,000
- State jail felony – 180 days to two years in jail, maximum fine of $10,000
- 3rd-degree felony – Two to ten years in prison, maximum fine of $10,000
- 2nd-degree felony – Two to 20 years in prison, maximum fine of $10,000
- 1st-degree felony – Minimum of five years in prison with a possible life sentence, maximum fine of $250,000
Remember that these are the penalties for drug possession in San Marcos. A charge related to manufacturing or delivering these drugs could lead to substantially harsher penalties. It’s also worth mentioning that the Texas Health and Safety Code says it’s a crime to forge or alter a prescription to obtain certain drugs without a doctor’s permission.
Defenses for Drug Charges in San Marcos
When you face drug charges in San Marcos, having a robust defense strategy can significantly influence your case’s outcome. It’s crucial to know that multiple defenses are available, depending on the specifics of the charge and your case. Here are some commonly employed defense tactics for drug crimes:
- Unlawful Search and Seizure: The Fourth Amendment protects citizens from unreasonable searches and seizures. If law enforcement violated your Fourth Amendment rights when obtaining evidence against you, the courts might deem that evidence inadmissible.
- Lack of Possession: A defense attorney can argue that you had no knowledge of the drugs or did not have control over them. For example, if the police found drugs in a shared vehicle, it might be challenging to prove who they belonged to.
- Mistake of Fact: In this strategy, your defense lawyer can argue that you believed the substance in your possession was legal. For instance, if you thought you were carrying oregano, but it turned out to be marijuana, you could argue you had no intent to possess an illegal drug.
- Entrapment: In situations where law enforcement coerces an individual into committing a drug crime they would not have otherwise committed, the entrapment defense may apply. However, simply offering an opportunity to commit the crime doesn’t constitute entrapment.
- Drugs were for Personal Use: In more complex cases involving manufacturing or distribution charges, the defense might argue that the drugs were intended for personal use, not sale or delivery. This can sometimes lead to reduced charges.
- Insufficient Quantity: Some drug charges, particularly trafficking, are based on the amount of drug in question. If you can show that the quantity was below the legal threshold for a specific charge, the charges or penalties could be reduced.
- Lack of Intent to Distribute: Even if someone possesses a large quantity of drugs, it doesn’t automatically mean they intend to distribute them. The defense can argue there’s no evidence of intent, like packaging materials, large amounts of cash, or communication records related to drug sales.
- Chain of Custody Issues: If there are discrepancies in how the police handled, stored, or transported evidence in a drug case, the defense could argue that the evidence is tainted or unreliable.
Contact a San Marcos Drug Crimes Lawyer Now
Engaging a knowledgeable attorney is crucial when you’re facing drug crime charges. Attorney Case J. Darwin and his team can evaluate the specifics of your case and determine the most appropriate defense strategy to employ. The longer you wait, the less time you have to build a robust defense. Call (512) 738-6146 now or reach out online for a free case review.
