Dallas Drug Crimes Lawyer
Texas Defense for Possession, Distribution, & Trafficking Charges
An experienced Dallas drug crime attorney can help protect your rights. Former federal prosecutor, criminal court judge, and U.S. Marine Corps officer Patrick J. McLain has spent countless hours protecting people inside the courtroom and out. He uses his 30 years of legal experience to provide clients with the tough, ethical legal defense they need.
Can You Get Probation for a Felony Drug Charge in Texas?
Texas law requires judges to give probation to people who meet these conditions. Probation may be ordered instead of jail time. A judge may also suspend parts of a sentence and order probation for the rest.
When you hire the Law Offices of Patrick J. McLain, PLLC you get an advocate with the knowledge and background to defend you. We are proud of the high quality criminal defense we provide. Don’t take chances with a cheap or an inexperienced lawyer. Put your case in the hands of a strong and able defender.
State & Federal Representation
Whether the drug involved is steroids, methamphetamine, cocaine, crack, ecstasy, or some other substance, it is important to have an attorney on your side who knows how to approach these serious situations.
Manufacturing & Distributing
If an individual is caught manufacturing or distributing illegal drugs in Texas, the state can impose severe penalties. Under Texas’s Controlled Substances Act, an individual commits an offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance.
What are the Drug Trafficking Laws in Texas?
An individual charged with a drug trafficking crime should reach out to a Dallas drug crime attorney immediately. A trafficking conviction has significant consequences, including extended incarnation and onerous monetary penalties.
Penalties Under Texas’s Controlled Substances Act
Under the Act, drugs are placed into four different groups, each carrying different penalties. For example, group 1 includes drugs such as:
If a person knowingly manufactures, delivers, or possesses with intent to deliver more than 400 grams of a controlled substance in group 1 they may be sentenced to jail for a minimum of 15 years to life in prison and fined up to $250,000.
The penalties can become less severe depending on the amount of drugs at issue and the group of the drug. For example, group 4 is composed of narcotic drugs containing at least one nonnarcotic active medicinal ingredient and a conviction of less than 28 grams is subject to a state jail felony for six months to two years.
"Best attorney"Mr. Patrick McLain equals instant and good results for you. Hiring Mr. Patrick McLain is the best decision I had made throughout my military career.- Master Sergeant Michael A Heath Jr.
"A Marine through and through. He is dedicated to taking care of his clients."He is an excellent lawyer who gives his all for you and gets things done. He has a no-nonsense approach that gets you results.- Scott S.
"First class lawyer!!!!!"Patrick saved my career and my life by proxy, he did everything and more you would HOPE for from a lawyer. Patrick is what you need if you want to win your case!- David L.
"If anyone needs an attorney that will stand with you during your time of trouble, look no further."Patrick has truly become a good friend and if anyone needs an attorney that will stand with you during your time of trouble, look no further. Patrick J. Mclain is this man.- Child Abuse Client
Federal Drug Law Enforcement in Texas
An individual caught manufacturing or distributing illegal drugs can be charged under both Texas and federal laws. Similar to Texas’s Controlled Substances Act, the federal Controlled Substances Act also classifies drugs into different categories and imposes different penalties depending on the drug category.
For example, trafficking 5 or more kilograms of cocaine (Schedule I drug) can result in a first offense conviction of not fewer than 10 years in jail and a significant monetary fine.
Marijuana is considered a controlled substance in a class of its own, and the charges that it carries differ from other drugs. According to Texas statute 481.121, possession of marijuana, like many drugs, varies in punishment depending on how large of a quantity the individual had in possession.
Is Weed Legal in Texas?
No, weed is not legal in Texas except for medical use. In 2019, Texas legalized the use of medical marijuana for certain qualifying conditions, such as epilepsy, multiple sclerosis, and cancer. To obtain medical marijuana, patients must have a prescription from a qualified physician. They must register with the Texas Compassionate Use Program.
Fine and punishment for marijuana charges by quantity:
- Less than two ounces: Class B misdemeanor punishable by 180 days in jail and up to $2,000 in fines
- Two to four ounces: Class A misdemeanor punishable by up to one year in jail and a $4,000 in fines
- Four ounces to five pounds: State jail felony punishable by a mandatory minimum sentence of at least 180 days in prison, up to two years, and a maximum of $10,000 in fines
- Five to fifty pounds. Felony punishable by a mandatory minimum sentence of at least two years in prison, a maximum of 20, and a maximum of $10,000 in fines
- Fifty to 2,000 pounds: Felony punishable by a mandatory minimum sentence of at least two years in prison, a maximum of 20, and a maximum of $10,000 in fines
- Greater than 2,000 pounds: Mandatory minimum sentence of at least five years in prison, up to 99, and a fine of up to $50,000
- Related Post: New Laws on Marijuana and What's Up With Texas?
Cocaine Charges, Fines, & Punishments by Quantity
Cocaine is in Texas’ Penalty Group One. Charges for possession of cocaine are as follows, according to Health & Safety 481.001:
- Less than one gram is a state jail felony with a punishment of up to two years in prison and a maximum fine of $10,000
- One to four grams is a third degree felony with a punishment of two to 10 years in prison and a maximum fine of $10,000
- Four to 200 grams is a second degree felony with a punishment of two to 20 years in prison and a maximum fine of $10,000
- 200 to 400 grams is a first degree felony with a punishment of five to 99 years in prison and a maximum fine of $10,000
- 400 grams or greater is an enhanced first-degree felony with 10-99 years or life in prison and a maximum fine of $100,000
Methamphetamine Charges, Fines, & Penalties by Quantity
For possession of methamphetamine, which is also a controlled substance in the Penalty Group One, charges are as follows:
- Less than one gram is a state jail felony and a punishment of up to two years in prison and a maximum fine of $10,000
- One to four grams is a third degree felony with a punishment of two to 10 years in prison and maximum fine of $10,000
- Four to 299 grams is a second degree felony with a punishment of two to 20 years in prison and a maximum fine of $10,000
- 200 to 400 grams is a first-degree felony with a punishment of five to 99 years in prison and maximum fine of $10,000
- 400 or more is an enhanced first-degree felony with a punishment of 10 to 99 years in prison and maximum fine of $100,000
Designer Drug Charges: Ecstasy, Bath Salts, Acid, & Hallucinogens
Ecstasy, PCP, mescaline, and hashish and cannabis with resinous/extracted THC are all in Penalty Group Two, according to Texas Drug Laws. Penalties for these drugs vary depending on quantity, with less than a gram resulting in a two-year jail sentence and 400 grams resulting in up to a lifetime sentence in prison and a maximum fine of $50,000.
The punishment for possession of acid (LSD), which falls under Penalty Group One, ranges from two years in jail to life imprisonment and a fine of up to $250,000.
Prescription Drug Charges
Possession of many controlled prescription drugs such as hydrocodone, Valium, Xanax, Adderall, and Ritalin, are held under Penalty Groups three and four, with punishments ranging from one year in jail and a fine of $4,000 to 20 years in prison and a fine of $10,000 if quantities over 200 grams are in the individual’s possession.
Law Office of Patrick J. McLain, PLLC Drug Crime Legal Counsel - Available 24/7
If you have been charged with a drug crime, it is paramount to contact an experienced Dallas drug crime attorney can help investigate your case and help you understand your rights. No matter the drug involved, it is important to have a lawyer on your side who knows how to approach these serious situations. The drug crime lawyers at the Law Office of Patrick J. McLain, PLLC will fight vigorously to protect your legal rights.
It takes a serious Dallas drug crime lawyer to give you the professional service and quality defense you need. Contact us today to schedule a consultation regarding your accusations. Se habla Español.