Drug Crimes

What a drug charge means

Drug charges cover a wide range, from having a small amount of a substance to making, selling or transporting drugs. Texas sorts drugs into groups, and how serious a charge is usually depends on:

• Which substance it is
• How much of it there is
• Whether police say it was for personal use or for sale
• Where it happened (for example, near a school)

Some drug cases are filed in federal court instead of state court, especially when they involve large amounts, more than one state, or a federal agency. Federal court works differently; see Federal Criminal Defense.

What may be at stake

Depending on the charge and your history, a drug case may affect:

• Your freedom, through jail or prison time or a long period of probation
• Your driver's license
• Your job, a professional license, or a student's financial aid
• Your immigration status, if you are not a U.S. citizen
• Property, money or a vehicle the government says is connected to the case

Some people may be able to take part in a treatment or diversion program instead of a regular prosecution. Whether that is possible depends on the charge, the court and your history.

How a Tarrant County drug case usually moves

Every case is different, and the steps and timing can vary. We also handle cases in the counties around Tarrant County; the general steps are similar, but each county's courts have their own schedules and practices. In general:

1. Arrest and bond. A judge (magistrate) sets bond and any bond conditions, which may include drug testing.
2. Lab testing. The substance is usually sent to a lab. The case may wait on those results.
3. Charging. Misdemeanors go to a county criminal court. For a felony, a grand jury decides whether to formally charge (indict) the case before it goes to a district court.
4. Evidence review. Your attorney reviews the reports, the search, the lab results and any recordings.
5. Resolution. The case may be dismissed, reduced, moved to a program, resolved by agreement, or go to trial. You decide whether to accept an offer or go to trial.

How our attorneys help

• We look closely at how the search happened. If police searched without a valid reason or warrant, evidence may be challenged.
• We check whether the State can prove the drugs were yours, especially when they were found in a shared car or home.
• We review the lab testing and the chain of custody (the record of who handled the evidence).
• We explain whether a treatment or diversion program may be an option, and what it would mean for you.
• We defend drug cases in both state and federal court.