Federal Drug Trafficking Charges and Penalties in Texas
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Federal Drug Trafficking Charges and Penalties in Texas
Drug trafficking charges in Texas can lead to some pretty harsh penalties, especially if the feds get involved. This article will break down the basics of federal drug trafficking laws in Texas, including the different penalty groups, mandatory minimums, and sentencing guidelines judges use. I’ll also discuss some potential defenses that a good lawyer may use to help their client.
First off, what exactly is “drug trafficking?” Well in Texas, it basically means manufacturing, delivering, or possessing illegal drugs with intent to manufacture or deliver. That includes things like selling drugs, transporting them across state or national borders, or even just having a large enough quantity that prosecutors think you planned to sell them. The specific laws are in the Texas Health and Safety Code.
Federal vs State Charges
If the alleged trafficking happened only within Texas borders, it’s prosecuted as a state crime. But if it involves crossing state lines or going over the border with Mexico, then it becomes a federal case. The feds tend to pursue larger scale operations, especially ones involving organized crime or international drug cartels. But sometimes they’ll adopt cases that local police and prosecutors start investigating. Federal charges almost always lead to longer prison sentences than similar state charges.
Penalty Groups
Texas and the feds both break drugs down into different penalty groups based on how dangerous they are considered. The main groups under Texas law are:
- Penalty Group 1 – Things like cocaine, methamphetamine, opioids
- Penalty Group 2 – Ecstasy, PCP, mescaline, mushrooms
- Penalty Group 3 – Valium, Xanax, steroids
- Penalty Group 4 – Prescription drugs like Soma, Darvocet, Xanax
Marijuana is considered a separate statutory category in Texas since it’s still illegal federally. The feds also have their own penalty schedule that’s fairly similar.
Mandatory Minimums and Sentencing Guidelines
The amount of drugs involved and number of prior convictions mostly determine the penalty. Federal law sets mandatory minimum prison sentences that judges can’t go below:
- 5 years for trafficking less than 50 grams of meth or 5 grams of crack
- 10 years for 50-500 grams of meth or 50 grams of crack
- At least 20 years if someone is killed or seriously injured
These minimums apply to a first offense. Longer priors can lead to a mandatory life sentence under the federal “three strikes” rule. The sentencing guidelines provide a wider range, but judges rarely go far below the minimums.
Defenses Against Trafficking Charges
There are a number of ways a skilled criminal defense lawyer may get charges reduced or dismissed. For example, they could argue:
- You didn’t actually possess the drugs
- The search leading to the charges violated your rights
- The informant tip was unreliable
- You had no intent to manufacture or deliver the drugs
- The drug quantity amount is wrong
A good lawyer will closely analyze the arrest details and evidence to identify potential defenses like these. But the earlier you get them involved, the better.
Other Consequences of a Conviction
Beyond jail or prison time, a drug trafficking conviction also leads to:
- Fines up to $250,000 for federal charges
- Driver’s license suspension
- Difficulty finding a job
- Loss of student financial aid
- Potential deportation for non-citizens
These collateral consequences can be extremely damaging, so fighting the charges is important even if you avoid substantial prison time.
Getting an Experienced Federal Drug Defense Lawyer
Due to the severe penalties, anyone facing federal drug trafficking charges needs an aggressive and knowledgeable defense lawyer on their side. Don’t take chances with an overworked public defender or someone who rarely handles federal cases. The outcome could impact the rest of your life. Be proactive in contacting a proven federal drug crimes attorney for a free case evaluation and legal advice. The sooner you do so, the better positioned they’ll be to start building your defense.
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