If you are arrested and charged with a crime involving drugs, it is natural to feel intimidated and overwhelmed. It is easy to lose hope in your future. But it doesn’t have to be that way. The criminal justice system isn’t set up to merely ensure that criminals are punished. It is made to provide a great number of rights to people accused of drug possession and delivery charges. Among the most important rights are the presumption of innocence and the burden of the prosecutor to prove any criminal case beyond a reasonable doubt. An accused also has valuable Constitutional rights that protect against unlawful police stops, illegal police searches, illegal questioning, coerced confessions and so forth. The best criminal defense attorneys in Houston, TX and elsewhere can use all of your legal rights in the justice system to protect you from the lasting consequences of a drug conviction.
At Scheiner Law, P.C., we have Houston drug attorneys with experience on the other side. José Ceja formerly worked as a felony drug prosecutor in the state of Arizona. He is familiar with the types of mistakes law enforcement officers often make during an arrest and he knows the various traps that some prosecutors will set in order to obtain a conviction. Mr. Ceja and Board-certified criminal law specialist Grant Scheiner are the Houston drug lawyers you want on your side.
Houston Criminal Defense Attorney
When do you need a Houston drug lawyer or controlled substance possession lawyer?
Texas criminal law classifies drug offenses into four “penalty groups” encompassing the least harmful substances up to addictive drugs and substances that are considered most dangerous. For example, a Penalty Group I conviction for cocaine possession or manufacturing/delivery may carry a severe penalty, including a heavy fine and a lengthy prison sentence. If you are facing charges for cocaine possession or delivery (or marijuana or illegal prescription drug possession or delivery), it is in your best interest to hire a professional Houston drug possession (or possession of controlled substance) attorney. He will scrutinize the way the police collected and handled evidence and look for any mistakes they may have made, including issues relating to vehicle stops, home or vehicle searches, warrants, consents to search, custodial interrogations (i.e., questioning without Miranda Warnings) and more.
Needing a Houston drug defense attorney for charges of drug distribution or manufacturing/delivery of controlled substance or drug.
Being arrested or charged with controlled substance – or drug distribution (a.k.a. manufacturing or delivery) is usually a felony and a much more serious matter than ordinary controlled substance or drug possession. The very first words you speak in this situation should be to your Houston drug lawyer. Texas laws seek to severely punish those who distribute drugs. This applies to all illicit substances, including not only the obvious ones — heroin, cocaine and marijuana — but also prescription drugs like painkillers, tranquilizers and sedatives. (Some of the more popular prescription medications for which people are arrested include Oxycodone, OxyContin, Vicodin, Valium and Xanax.) Sentencing in these cases can be very complicated and influenced by factors such as:
· The quantity of drug distributed
· The type of drug that was involved
· Where the distribution occurred, for example, in or near a school
· Whether the drug was sold to a minor
Penalties range from fines as high as a quarter of a million dollars and sentences of up to 99 years imprisonment. Distribution charges may be filed in federal or Texas state courts. The best Houston drug lawyers understand what is at stake and will fiercely seek the best possible result. The top Houston drug possession lawyers will continually remind you that you are innocent until proven guilty. They will relentlessly push for a dismissal of your case whenever possible.
Contact our Houston drug lawyers if you are charged with possession of drug paraphernalia
Simply being in possession of drug paraphernalia, with or without intent to distribute, is usually a misdemeanor in Texas. The laws surrounding this apparently minor charge are surprisingly complex. Delivering or intending to deliver such paraphernalia to a minor can result in a jail sentence.
This is one area of the law, in particular, where you need the best criminal defense attorneys in Houston on your side. How might your Houston drug attorney defend you against a charge of this type? There are certain specific circumstances under which a charge of possession of drug paraphernalia may be inappropriate:
· You did not know that the object was considered to be drug paraphernalia
· You were stopped or searched illegally
· The drug paraphernalia did not belong to you or there is insufficient evidence to “affirmatively link” you to the illegal contraband
When you are sitting in the back of a patrol car contemplating a gloomy future and wondering how you will face your family, friends and employers, you are not in the right frame of mind to think of these important details. Do yourself a big favor and contact one of our top-rated Houston drug possession attorneys as soon as possible.