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Drug crimes have become a major source of litigation over the last few decades due to the rising prevalence of drug use throughout the country. Drug offenses rise to the level of a federal offense in certain specific circumstances, such as the transport of drugs across state or international borders requiring a Houston, TX federal drug crimes defense attorney. Federal drug offenses will often lead to higher penalty and punishment ranges than similar State charges.
There are other differences as well, such as the relatively quicker track to trial or plea in federal courts. If you have been arrested on suspicion of a federal drug crime, keep in mind that an arrest is not yet a conviction. However, it is important that you treat the federal drug crime as a serious arrest that could lead to very serious punishment. If you are facing federal drug charges, this is not the time to look for the cheapest attorney or an attorney that lacks a proven track record. Your freedom and future is on the line.To better understand your rights, you will need the assistance of an experienced federal drug crime defense attorney in Houston.
Federal drug charges are often brought by the Drug Enforcement Agency (DEA) or the FBI. The DEA divides the major drug substances into different categories (referred to as “Schedules”), and each category has its own punishment range.
The schedules are as follows:
| Schedule | Drug Type |
| I | Marijuana, Heroin, LSD |
| II | Cocaine, Methamphetamine |
| III | Vicodin, Ketamine |
| IV | Xanax, Ambien, |
| V | Cough syrup containing codeine |
The federal Schedules are similar to the Texas “Penalty Groups,” although the punishment ranges are more severe for federal offenses. A Houston, TX federal drug crimes defense attorney from Mary E. Conn & Associates can help you better understand your federal drug crime charges.
Common federal offenses involve large amounts of Schedule I or Schedule II substances. While marijuana is included in Schedule I, it is often lumped into its own penalty table in terms of quantity. A skilled Houston federal drug crime defense lawyer can better assist you in understanding the different schedules which may fall within aggravated assault and assault.
Federal drug crimes are handled much differently than state drug crimes. Federal prosecutors often have more resources than state county prosecutors, and the judges before which these drug crimes cases are brought have lifetime appointments. State judges are elected to their position and often have exceptionally crowded dockets, with a corresponding goal to move as many as possible without going to trial.
Federal law dictates the penalties per amount of substance with mandatory minimums and the (now) advisory Sentencing Guidelines. Even though federal law has separated many drugs into different “Schedules,” the penalty calculus can be daunting for a novice. Federal law differentiates into drug crimes into various “tiers.”
For example, Tier One, first offenses have a punishment range of 5-40 years in prison, while second offenses have a range of 10 years – life in prison. Tier Two offenses automatically have a maximum punishment range up to life in prison for the first offense. Other substances are further distinguished into individual punishment ranges, such as marijuana, with a maximum of life in prison.
Another major difference between federal and state penalties is the amount of fines for federal offenses. Texas law caps all felony fines at $10,000. However, federal drug crimes can include a penalty of up to $20 million. An experienced Houston federal drug crime defense attorney will be able to carefully examine the facts of your case and determine the best defense route to take.
The Texas Health & Safety Code classifies drug penalties by group, including the following:
Depending on the amount found on your person during an arrest, penalty group four or three may be a misdemeanor. The following are the penalties for a drug conviction based on the offense:
For more information on the penalties you may be facing, call Mary E. Conn & Associates today.
Drug crimes are governed by both state and federal laws. The involvement of federal law enforcement depends on the amount of controlled substances you possess on your person at the time of arrest, if you are accused of interstate trafficking, whether your offense is related to organized crime, and other factors.
The drug possession defense lawyers at Mary E. Conn & Associates in Houston, TX are well-versed in defending state and federal cases. Do not risk your freedom, livelihood, and future by handling your case on your own. Our highly skilled legal team can increase your chances of diminishing or dropping the charges against you by handling the following:
Our legal professionals possess a comprehensive understanding of federal and state drug laws, allowing us to analyze the evidence, identify potential defenses, and guide you through the legal process with confidence.
Our legal team will exhaustively review the evidence against you, including the circumstances of the arrest, search and seizure procedures, and the chain of custody for the alleged drugs. Any violations of your constitutional rights may lead to suppression of evidence.
Our legal professionals will develop effective legal strategies, such as challenging the legality of the search or seizure, disputing the ownership of the drugs, or questioning the accuracy of other collected evidence.
If appropriate, our Houston drug possession defense attorneys will negotiate with prosecutors on your behalf to secure reduced charges or penalties through plea bargaining, potentially avoiding a trial.
In cases that proceed to trial, our legal team will provide aggressive representation, cross-examine witnesses, present vital evidence, and make persuasive arguments to advocate for your acquittal.
Our drug possession defense lawyers in Houston may employ the expertise of forensic analysts, medical professionals, or other specialists to challenge the prosecution’s evidence.
If your drug possession defense lawyers at Mary E. Conn & Associates can successfully challenge the evidence or establish reasonable doubt, your charges may be dismissed or acquitted. Alternatively, through negotiations or a plea bargain, you may secure a reduction in charges or penalties, minimizing potential consequences. Call us today to understand your legal options.
Facing drug possession charges can be overwhelming, but you do not have to navigate the legal process alone. At Mary E. Conn & Associates, our drug possession defense attorneys are equipped with the knowledge and resources to build a strong defense on your behalf and safeguard your rights. Let us fight for the best possible outcome for your drug possession charge, which may include diminishing or dropping the penalties you face.
Call one of our experienced drug possession defense lawyers today at (713) 231-5990 or fill out a contact form.
Mary E. Conn & Associates is a distinguished law firm with a commitment to providing exceptional legal defense in both state and federal courts. Led by Mary E. Conn, a seasoned criminal defense attorney with over three decades of experience, the firm is dedicated to protecting clients' rights and achieving the best possible outcomes in complex legal matters.
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