For Those Charged With a Crime
Legal Defense For Felony Drug Charges
Defending You From Drug Charges in Fort Bend County
Facing a felony drug charge can lead to legal consequences that change your life forever. A conviction on felony drug charges is a serious situation that often includes prison time, as well as several other restrictions mandated by the judge presiding over the case. Felony convictions put a blemish on background reports, which both lenders and employers will notice when considering you for a loan or for an employment offer.
The seriousness of a felony drug charge should motivate you to speak with a Texas licensed consumer protection lawyer. Attorney Adam Capetillo has successfully litigated felony drug cases for many years. Adam understands when to use the most effective legal defense, as well as negotiate with prosecutors to reach plea deals that significantly reduce time spent behind bars. If you face one or more felony drug charges, you should contact the Capetillo Law firm to determine the best course of legal action.
Overview of Texas Drug Laws
Texas categorizes illegal drugs based on the potential for abusing a drug and the potential harm a drug can cause a user. Written into the Texas Controlled Substances Act, the four penalty groups are as follows:
Penalty Group 1
Cocaine, Codeine, Opium, Methadone, Marijuana, Ketamine, Oxycodone, and Methamphetamines
Penalty Group 2
Ecstasy, Methaqualone, Mescaline, and Amphetamine
Penalty Group 3
Lysergic Acid Diethylamide (LSD), Methylphenidate, Xanax, and Valium
Penalty Group 4
Compounds or mixtures that contain limited amounts of narcotics, as well as one or more active medical ingredients
What is the Punishment for a Felony Drug Conviction in Texas?
In Texas, several factors come into play for determining the penalties for a felony drug conviction. A few of the factors include the type of drug confiscated, the criminal history of the defendant, and whether a violent crime was committed. A life felony conviction comes with a penalty of between five and 99 years in jail and/or a fine that cannot exceed $250,000. First degree felony convictions also carry a prison sentence ranging from a minimum of five years to a maximum of 99 years in jail. However, the fine for a first degree felony is up to only $10,000. Second degree felony convictions result in jail time of two to 20 years and/or a fine not exceeding $10,000. Texas has also established penalties for misdemeanor drug possession and distribution convictions.
Defending Felony Drug Charges in Texas
With the penalties for a felony drug conviction considered strict, it is highly recommended that anyone facing felony drug charges hire a highly rated criminal defense attorney. The drug possession and distribution defense lawyers at Capetillo Law Firm have numerous defense options to keep our clients out of jail.
The Fourth Amendment of the United States Constitution is tailored made for drug possession and distribution charges. According to the Fourth Amendment, law enforcement officers are not allowed to perform unreasonable searches and seizures. If we detect any violations of the Fourth Amendment in your felony drug charge case, we will immediately request the evidence to be found inadmissible in a court of law.
Under the Fifth Amendment, you have to right not to incriminate yourself. After an arrest on a felony drug charge, you should be read the following statement: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Evidence was Planted
Overzealous law enforcement officers can make mistakes that extend well beyond Constitutional violations. To ensure a conviction on felony drug charges, some corrupt law enforcement officers will plant evidence. Proving this is hard to do, which means it is imperative that anyone charged with felony drug possession or distribution work with an accomplished criminal defense lawyer. We will collect physical evidence, as well as interview eyewitnesses that might have seen a law enforcement officer plant drugs on you.
Juries are charged with proving guilt “Beyond a reasonable doubt in criminal cases. As the toughest standard of proof, “Beyond a reasonable doubt” can help us exonerate you of all drug possession and/or distribution charges. We will call witnesses to the stand that will explain to the jury that you were not involved in any drug-related activity. Another innocence defense is to present physical evidence that backs up your claim that you were not at the scene of the crime.
Adam Capetillo Successfully Defends Felony Drug Charges
When we meet with you during the initial consultation, our team of felony drug charge experts will collect information that will help us perform an exhaustive investigation into your case. We will then determine which defense works best for your legal situation. The sooner you reach out to us, the quicker we can take preventive action to prove you are not guilty of all charges.
Schedule an initial consultation with a felony drug possession and distribution lawyer at Capetillo Law Firm. You can reach us by submitting the convenient Contact form located on our website or you can call our office at 346-420-4069.