A Texas Drug Crime Defense Lawyer With Decades Of Experience
Facing serious drug charges can feel like an uphill battle, but with the right defense, there is hope. At the Law Office of Paul J. Smith, I defend individuals in Texas accused of felony drug crimes. My approach is direct and proactive, and I have a long record of getting felony drug charges reduced or dismissed. I am an experienced Texas drug crime defense lawyer known for my fierce trial skills and not settling for plea deals. If you are looking for a strong defense, call me today.
For a free consultation about your case, call the Law Office of Paul J. Smith at 361-585-4562 or send me an email. I represent clients facing felony drug charges in Texas.
Board-Certified Criminal Defense Trial Lawyer For Strategic Defense Against Felony Drug Charges
The consequences of a drug charge can be severe, including prison time, large fines and a felony record. I am here to guide you through this challenging time by offering a robust defense against drug-related charges.
The types of drug charges that I handle as a trial lawyer include:
- Drug trafficking: Moving controlled substances across state or national borders. It often results in federal charges and extremely harsh mandatory minimum prison sentences.
- Drug manufacturing: Producing or compounding a controlled substance. This includes growing cannabis or operating an illegal methamphetamine lab. Texas law punishes manufacturing based on the weight or volume of the resulting drug.
- Distribution and intent to distribute: Delivering or intending to deliver or sell illegal drugs. Proof of intent can rest on the large quantity of a substance or the presence of packaging materials and scales.
- Drug conspiracy: When two or more people agree to violate drug laws, even if they never complete the primary crime. The prosecution must show an agreement and an overt action taken to further that agreement.
Whether you’re up against charges for small-scale possession or large-scale distribution, you need a lawyer who will fight for your rights every step of the way. As a board-certified criminal defense lawyer with decades of experience, I have gotten serious criminal charges reduced or dismissed in hundreds of criminal trials. I excel in last-minute criminal trial representation. If you need a criminal defense trial lawyer to jump into your case immediately and fight for your rights and freedom at trial, don’t wait. Call me today.
Experience In A Wide Variety Of Drug Crime Cases
Drug charges can vary widely depending on the substance involved. I handle cases related to a comprehensive range of drugs, including:
- Fentanyl
- Heroin
- Meth
- Cocaine
- Benzodiazepines
- Opioids such as Vicodin and Hydrocodone
Each type of controlled substance carries its own legal implications, and I am equipped to navigate the nuances of your case to provide you with an effective defense.
Strategic And Aggressive Defense In The Courtroom
As a criminal law attorney with a wealth of experience in the courtroom, I understand the importance of a strategic and aggressive defense. I am a Texas board-certified criminal defense lawyer with a long record of securing outstanding results for my clients, including hundreds of cases resulting in reduced or dismissed criminal charges. I regularly take felony drug cases to trial and will not hesitate to challenge evidence, question witnesses, and advocate fiercely on your behalf. I work tirelessly to ensure that every client’s case is presented as strongly as possible, aiming for positive results that can change lives.
Frequently Asked Questions About Texas Drug Charges
Facing Texas drug charges can put your freedom on the line. I provide clear answers below to help guide your defense decisions.
What is the difference between drug possession and possession with intent to deliver in Texas?
Simple drug possession means holding a controlled substance strictly for personal use without plans to distribute it. Possession with intent to deliver involves evidence suggesting you planned to sell, transfer or deliver the substance. Law enforcement relies on large drug quantities, excess cash, digital scales and packaging materials such as baggies to elevate simple possession to a far more severe felony charge. This enhancement significantly increases potential prison sentences, strict probation terms and heavy court fines under Texas law.
Under new Texas legislation, what are the penalties for fentanyl-related crimes?
Under recent Texas law – specifically House Bill 6 in 2023 – penalties for fentanyl manufacturing, delivery and distribution have severely escalated. Under the statute, manufacturing or delivering even trace amounts under 1 gram was elevated to a third-degree felony, carrying two to 10 years in state prison. Furthermore, supplying fentanyl that leads to a fatal overdose can now be prosecuted as a first-degree felony murder charge. Because Texas prosecutors treat all fentanyl-related charges with extreme severity, securing experienced legal representation immediately is critical to exploring every available defense option.
Is it possible to get a felony drug charge reduced to a misdemeanor?
Yes, prosecutors or courts may reduce felony drug charges to misdemeanor offenses under specific legal circumstances. A proactive defense strategy can expose evidentiary weaknesses, chain of custody gaps or law enforcement mistakes that force prosecutors to reconsider their position. First-time offenders or individuals eligible for pretrial diversion programs may also secure lesser included offenses or statutory reductions. These strategies can lower a felony to a misdemeanor charge for drug paraphernalia, unlawful prescription possession or attempted possession. In addition, defense negotiations leveraging a lawyer’s skilled negotiation tactics – centered on key issues such as challenging illegal traffic stops, unverified lab results or small substance amounts – can yield favorable charge reductions.
Can drug charges be dismissed if the search was illegal?
Yes. Your ability to seek a dismissal often depends on whether law enforcement violated your Fourth Amendment rights through an unlawful search or seizure. When a case involves an illegal search, drug charges built on that evidence can be challenged through a motion to suppress to exclude unlawfully obtained proof. A strong Fourth Amendment drug case demonstrates that officers acted without a valid warrant, lacked probable cause, extended a routine traffic stop beyond its legal scope or failed to honor your refusal to consent to a search. An experienced defense attorney thoroughly examines your arrest to expose these constitutional violations – and if the judge suppresses key physical evidence, prosecutors are often left without sufficient proof, which can result in a case dismissal.
Contact A Drug Crime Defense Lawyer Today
If you are facing felony drug charges, don’t wait to secure the defense you need. Contact me, Paul J. Smith, today, and let’s start building a strong defense together. Your future is important, and with the right legal support, you can fight back against these charges. Call my Texas law office at 361-585-4562 or send me an email to arrange a free consultation.