Drug trafficking charges are incredibly serious offenses that can carry life-altering consequences for the convicted. If you or a loved one are facing drug trafficking charges in Texas, you’re likely wondering how to get a drug trafficking charge dismissed.
We’ve got good news and bad news for you on the matter. Getting a drug trafficking charge dismissed is not easy, but it is possible. Whether or not your charge has a chance at dismissal will depend heavily upon the individual circumstances of your case and, most importantly, the quality of your legal representation.
Hire a drug trafficking attorney who has experience fighting in a federal court, successfully defending their clients facing drug charges in the past and with a reputation for success. This is the best thing that you can do to give yourself a chance at freedom.
Javier Guzman is that federal defense lawyer. Call Guzman Law Firm today at (956) 516-7198 to set up a consultation or keep reading to find out about drug trafficking charges in detail, punishments associated with drug charges in Texas, and how a quality attorney might get your drug charge dropped.
What are drug trafficking charges in Texas?
Drug trafficking is a general term used to describe the distribution, transportation, or sale of controlled substances — specifically substances enumerated in Schedules I through V or in Penalty Group 1, Penalty Group 1-A, Penalty Group 2, or Penalty Group 3, most commonly cocaine, heroin, methamphetamine, marijuana, and other opiates.
According to the Texas Controlled Substances Act, a person can commit a drug trafficking offense in a few ways:
- Possessing a significant quantity of a controlled substance with the intent to distribute it.
- Transporting a controlled substance from one location to another, whether or not you are crossing state lines, or crossing the border illegally.
- Manufacturing or cultivating a controlled substance, with or without the express intent to distribute it, can be considered trafficking.
- Conspiracy to commit any of the above crimes, even if you have not directly participated in the trafficking activities.
Drug trafficking offenses are always felony offenses in Texas, and can even be federal offenses under certain circumstances. You can expect federal law enforcement (and a federal court) to be involved with your trafficking offense if any of the following applies to your trafficking arrest or charge:
- The trafficking occurs across international borders or state lines
- The case involves drugs or money that belong to a criminal organization
- The case involves drugs that were manufactured legally but obtained illegally (can indicate Medicare fraud or a network of fraudulent professionals)
- During the trafficking activities, either serious injury or death occurred
- Federal law enforcement arrested you
- There were significant amounts of drugs being trafficked
Whether or not your case is going to be tried at the state or federal level, you need representation that can stand in front of a court of law and tell your story. Do not hire the first attorney whose name you come across, hire the attorney who has the experience necessary to save your freedom.
How many years do you get for drug trafficking in Texas?
How much is a sentence for drug trafficking? While punishments for first-time drug possession charges in Texas will be much less severe than those for trafficking, punishments for drug charges in Texas are uniformly severe. Punishments for trafficking offenses at the state level are as follows:
| Penalty Group | Weight | Classification | Jail Time | Fine |
| 1 | 50 – 2,000 pounds (1 ton) | First-degree felony | 5 – 99 years in state prison | Up to $10,000 |
| 1 | >2,000 pounds | Enhanced first-degree felony | 10 – 99 years in state prison | Up to $100,000 |
| 2 | 4 – 400 grams | First-degree felony | 5 – 99 years in state prison | Up to $10,000 |
| 2 | >400 grams | Enhanced first-degree felony | 10 – 99 years in state prison | Up to $100,000 |
| 3 | 200 – 400 grams | First-degree felony | 5 – 99 years in state prison | Up to $10,000 |
| 3 | >400 grams | Enhanced first-degree felony | 10 – 99 years in state prison | Up to $100,000 |
| 4 | 200 – 400 grams | First-degree felony | 5 – 99 years in state prison | Up to $10,000 |
| 4 | >400 grams | Enhanced first-degree felony | 10 – 99 years in state prison | Up to $100,000 |
It is not uncommon for those convicted of drug trafficking to spend the rest of their lives in prison in Texas, and those who DO get out hardly return to the lives that they once enjoyed, and instead are unable to find a job, suffer because of the disconnection from their families, and have an incredibly hard time putting the pieces of their lives back together.
How often do drug charges get dropped?
We’ll tell you again that although drug charges are not dropped often, getting your charges dropped or dismissed is possible. Just how uncommon are charges being dropped or dismissed?
According to the National Center for Drug Abuse Statistics, 171,300 people were sentenced to state prison and 73,210 were sentenced to federal prison for drug-related crimes in 2019 (the last available year for data).
These numbers are also lower than they’ve been in a while, and while overall drug crime numbers are falling, charges are still turning into convictions, and Texas is prosecuting as aggressively as ever. This should underscore the importance of hiring a drug trafficking lawyer who knows how to get a drug trafficking charge dismissed for those accused of drug crimes who want to protect their freedom.
How to beat a manufacturing and delivery charge in Texas
How your drug trafficking charge can be beaten will depend on the specifics of your case, but we can tell you what some common defenses to drug trafficking are. What are the most common reasons why some drug cases were dismissed?
- Disputing constructive possession or questioning the chain of custody are defenses in which your attorney argues that the drugs likely belonged to someone else despite you having access to them.
- Violation of your rights or illegal search and seizure argue that evidence was seized through dubious means and therefore cannot stand as evidence against you. If officers had no probable cause or conducted a search without a search warrant, your rights may have been violated and it may cause evidence to be suppressed.
- Insufficient evidence to convict you may be the reason that your charge doesn’t stick. It is up to the prosecution to prove beyond a reasonable doubt that you committed a drug trafficking activity. Oftentimes they possess enough evidence to make it seem like you probably did something but don’t have the evidence to prove it beyond all reasonable doubt.
- Lack of knowledge or intent can be as simple as arguing that you didn’t know about the drugs, that you weren’t involved in the conspiracy, and that there isn’t any hard evidence that can confirm your involvement in the conspiracy as anything more than purely circumstantial.
When hiring an attorney to help fight your drug trafficking charge, make sure to consider their experience with drug charges as well as their experience arguing in front of a federal court. Investing the time and effort to hire the right attorney can significantly improve your chances of constructing a quality defense.
Call Guzman Law Firm for help getting your drug trafficking charge dismissed today
Although facing a drug trafficking charge in Texas can be a daunting prospect, hiring an attorney who knows how to get a drug trafficking charge dismissed can make all the difference. Although things may look grim, do not give up. Your freedom is worth fighting for, whether the feds or the state police are building a case against you for drug trafficking, as long as the judge has not yet rapped their gavel.
If you need a criminal attorney in Laredo who will relentlessly defend your rights no matter the odds, you need Javier Guzman.Javier has successfully defended his clients accused of crimes in federal and state courts, and has experience in high-stakes drug cases. Call Guzman Law Firm today at (956) 516-7198 or contact us online to begin defending your freedom.
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