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Drug Trafficking Arrest In Texas

April 6, 2024 Uncategorized

A Serious Offense With Severe Consequences

Getting arrested for drug trafficking in Texas is no joke – it’s considered a major felony that can land you behind bars for a long time. Whether you were caught with a small amount or a large quantity, the penalties are harsh and the consequences can be life-altering.But don’t panic just yet. While the situation is definitely serious, there may be defenses and options available to you. Knowledge is power, so let’s dive into what exactly constitutes drug trafficking in Texas, the potential punishments you could face, and how an experienced criminal defense lawyer can help.

What is Drug Trafficking in Texas?

Under Texas law, drug trafficking refers to the manufacture, delivery, or possession with intent to deliver a controlled substance. It’s a broad definition that covers everything from growing or making drugs to selling, transporting, or simply having a large enough quantity that could imply an intent to distribute.The severity of the charge depends on the specific drug involved and the amount. Texas groups controlled substances into “penalty groups” ranging from 1 (the most serious, like heroin and cocaine) to 4 (the least serious, like valium). Marijuana is in its own category.So for example, possession of less than a gram of cocaine or meth (penalty group 1) could get you charged with drug trafficking. But having a few ounces of marijuana might just be considered possession. The punishments vary widely based on these factors.

Potential Penalties for Drug Trafficking in Texas

The penalties for drug trafficking in Texas are no joke. Even for a relatively small amount of a hard drug, you could be looking at:

  • State jail felony: 180 days to 2 years in jail and up to $10,000 fine
  • Third degree felony: 2 to 10 years in prison and up to $10,000 fine
  • Second degree felony: 2 to 20 years in prison and up to $10,000 fine
  • First degree felony: 5 to 99 years or life in prison and up to $10,000 fine

The exact sentence depends on the details, but in general the more drugs and the higher “penalty group,” the harsher the punishment. For example, trafficking over 400 grams of a penalty group 1 substance like cocaine or heroin is automatically a first degree felony with a potential life sentence.On top of that, the state can also seize any property, cash, vehicles, etc. that were involved in or derived from the drug operation through civil asset forfeiture. So you could lose your house, car, and life savings even if you’re not convicted of the main charge.And of course, a drug trafficking conviction creates a permanent criminal record that can make it extremely difficult to find employment, housing, loans, and more down the road. It’s a heavy burden to bear for the rest of your life.

But There’s Hope – Possible Defenses

While drug trafficking charges are extremely serious, that doesn’t mean you’re automatically guilty or that you have to just accept the maximum sentence. There are a number of potential defenses that an experienced lawyer can explore, such as:

  • Lack of knowledge or intent: Maybe the drugs weren’t actually yours and you had no idea they were there. Without proof of knowledge and intent to distribute, it may be difficult for the prosecution to prove trafficking.
  • Illegal search and seizure: If the police violated your 4th Amendment rights by conducting an unlawful search or making an improper stop/arrest, your lawyer could file a motion to suppress any evidence obtained illegally.
  • Entrapment: If you were induced or persuaded into committing the crime by an undercover officer or informant, that could potentially be a valid entrapment defense.
  • Crime lab errors: The state has to definitively prove the substance was an illegal drug through lab testing. Errors in handling, testing procedures, or chain of custody could undermine this evidence.
  • Plea bargain: Depending on the circumstances, your lawyer may be able to negotiate with prosecutors for reduced charges or penalties through a plea bargain, especially if you have a minimal record.

There are also certain programs in Texas like drug courts and deferred adjudication that provide treatment-focused alternatives to jail time for some first-time or lower-level offenders.The bottom line is that while drug trafficking charges are extremely serious, they are not a guaranteed conviction or maximum sentence, especially if you have a skilled defense attorney on your side. Don’t just assume the worst before exploring all your options.

 Why You Need an Experienced Lawyer

I can’t stress this enough – if you’ve been charged with drug trafficking in Texas, your first move should be to hire an experienced criminal defense attorney immediately. Don’t make the mistake of trying to handle this extremely complex situation on your own.An attorney who specializes in drug crimes and understands the intricacies of Texas laws and procedures will be absolutely vital in protecting your rights, poking holes in the prosecution’s case, negotiating for the best possible deal, or even getting the charges dismissed entirely.They know all the relevant defenses and strategies to pursue based on the specific facts of your case. And they’ll make sure you understand all your options, so you can make the most informed decision about how to proceed.Going it alone is simply too risky when you’re facing the potential for a lengthy prison sentence and permanent criminal record that could ruin future job prospects, housing situations, and more. Don’t roll the dice on something this impactful to your life.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

How to Choose the Right Lawyer

But you can’t just hire the first criminal defense attorney you come across. When your freedom and future are at stake, you need to find the right fit – an experienced professional who specializes in drug trafficking cases, has a proven track record of success, and who you feel you can trust.Here are some tips for choosing the best lawyer for your situation:

  • Experience: Look for an attorney who has specific experience handling drug trafficking charges, not just general criminal defense. The more cases like yours they’ve dealt with, the better.
  • Track record: What is their success rate in getting charges reduced or dismissed? Don’t be afraid to ask about their history and credentials.
  • Specialization: Many lawyers claim to be “criminal defense” attorneys, but the best ones truly specialize and focus their practice on a particular area like drug crimes.
  • Resources: Trafficking cases can get extremely complex. Make sure the lawyer has the resources, staff, and financial backing to handle a lengthy, in-depth defense if needed.
  • Personality fit: You’ll be working very closely with this person, so it’s important to find someone you feel comfortable with, can communicate openly with, and who you sense truly cares about your case.

Take the time to research a few different law firms and attorneys in your area. Read online reviews, check their website and credentials, and schedule in-person consultations to get a feel for who may be the best fit.

What to Expect From the Legal Process

Once you’ve found the right lawyer, they’ll be able to walk you through the entire legal process and what to expect each step of the way. But in general, here’s a quick overview of how a typical drug trafficking case may proceed:

  1. Arrest and charges: You’ll be arrested, read your rights, booked, and formally charged with one or more drug trafficking crimes based on the evidence.
  2. Bail and release: In most cases, your lawyer can get you released on bail while awaiting trial, though the amount may be high for trafficking charges.
  3. Investigation and discovery: Your lawyer will investigate all the circumstances, evidence, and potential defenses while the prosecution provides discovery information about their case against you.
  4. Plea bargaining: Depending on the strength of the cases, your lawyer may advise trying to negotiate a plea bargain for reduced charges or a lighter sentence to avoid trial.
  5. Pretrial motions: If going to trial, your lawyer will file motions like a motion to suppress to try getting some evidence excluded.
  6. Trial preparation: If no plea deal is reached, both sides will prepare for trial by interviewing witnesses, revisiting evidence and arguments, etc.
  7. Trial and verdict: At the trial, both the defense and prosecution will present their cases to a judge or jury who will ultimately decide if you are guilty or not guilty.
  8. Sentencing: If convicted, you’ll attend a separate sentencing hearing where the judge determines the specific penalties within the prescribed range based on factors like criminal history.
  9. Appeals: If you’re unhappy with the outcome, your lawyer can file appeals to try getting the conviction overturned or sentence reduced.

It’s a long and complicated process, but having an experienced attorney who has been through it many times before can make a huge difference. They’ll fight hard every step to get you the best possible resolution.

The Bottom Line on Drug Trafficking Charges

Look, there’s no sugar-coating it – getting charged with drug trafficking in Texas is an extremely serious situation that requires taking immediate action. The potential consequences of a conviction are devastating and can follow you around for life.But that doesn’t mean you’re automatically guilty or that you should just resign yourself to the worst-case scenario. There are a number of potential legal defenses that an experienced criminal defense lawyer can pursue to get your charges reduced or possibly even dismissed.The key is acting quickly to find the right attorney – one who specializes specifically in drug crimes, has a proven track record, and who you feel you can trust. With the right lawyer in your corner, you can give yourself the best chance at putting this behind you and moving forward.So if you or a loved one has been charged with drug trafficking in Texas, don’t panic. Get informed on all your options, then take action to protect your rights and your future. The road ahead may be difficult, but it’s far from a lost cause with the proper legal representation.

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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