Criminal Defense Lawyers

Federal Policy On Drug Trafficking in Texas

The Harsh Reality of East Texas Drug Trafficking Charges

The Consequences: How Bad Can It Get?

Okay, now for the part you’ve probably been dreading – the potential penalties for drug trafficking convictions in East Texas. Brace yourself, because they don’t mess around here. The specific punishments depend on a few main factors:

1. The type of drug involved: Texas categorizes controlled substances into different “penalty groups” based on their perceived dangers and potential for abuse. The more serious the drug, the harsher the punishment if you’re caught trafficking it.
2. The amount of the drug: As you’d expect, larger quantities generally mean stiffer penalties. The laws specify weight thresholds that bump the charges up to higher felony levels.
3. Your criminal history: Prior drug convictions, especially for trafficking, can really compound the penalties for new offenses. The system doesn’t look too kindly on repeat offenders.

Let’s look at some common examples to give you an idea of what you could potentially be facing:

Marijuana Trafficking

• Less than 1/4 ounce: Class B misdemeanor (up to 180 days in jail, $2,000 fine)
• 1/4 ounce – 5 lbs: State jail felony (180 days – 2 years in prison, up to $10,000 fine)
• 5 – 50 lbs: Third-degree felony (2-10 years in prison, up to $10,000 fine)
• 50 – 2,000 lbs: Second-degree felony (2-20 years in prison, up to $10,000 fine)
• Over 2,000 lbs: First-degree felony with potential life sentence

Cocaine Trafficking

• Less than 1 gram: State jail felony (180 days – 2 years in prison, up to $10,000 fine)
• 1-4 grams: Third-degree felony (2-10 years in prison, up to $10,000 fine)
• 4-200 grams: Second-degree felony (2-20 years in prison, up to $10,000 fine)
• 200-400 grams: First-degree felony (5-99 years in prison, up to $10,000 fine)
• Over 400 grams: Enhanced first-degree felony (10-99 years or potential life sentence, up to $100,000 fine)

Methamphetamine Trafficking

• Less than 1 gram: State jail felony (180 days – 2 years in prison, up to $10,000 fine)
• 1-4 grams: Third-degree felony (2-10 years in prison, up to $10,000 fine)
• 4-200 grams: Second-degree felony (2-20 years in prison, up to $10,000 fine)
• 200-400 grams: First-degree felony (5-99 years in prison, up to $10,000 fine)
• Over 400 grams: Enhanced first-degree felony (10-99 years or life, up to $100,000 fine)

 An experienced drug trafficking lawyer can often get the charges and sentences reduced significantly, especially for first-time offenders. There’s also a whole range of other consequences that can seriously disrupt your life, like:

• Driver’s license suspension (even if your case didn’t involve driving)
• Difficulty finding employment with a drug conviction on your record
• Revocation of professional licenses
• Loss of voting rights while incarcerated or on parole/probation
• Asset forfeiture if police claim your property was involved in drug crimes

So in summary, the penalties for drug trafficking in East Texas are no joke. But all hope isn’t lost – with the right legal strategy, you may be able to avoid the harshest punishments and life-altering consequences. That’s where having an experienced drug crime attorney in your corner becomes absolutely crucial.

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

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

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

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

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

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

2024-03-12

Very professional, very transparent, over all a great experience

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

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.

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Your Legal Game plan: Fighting the Charges

Okay, now that we’ve covered the scary parts, let’s talk about your options for defending against these charges. Because trust me, you don’t want to just plead guilty and accept whatever the prosecution offers. The first step is understanding exactly what the state has to prove for a trafficking conviction. In Texas, they need to show beyond a reasonable doubt that you knowingly manufactured, delivered, or possessed the controlled substance with intent to deliver it to someone else. That “knowingly” part is important – it’s a defense if you can show you had no idea you actually possessed the drugs. Maybe you were just holding a friend’s backpack for them and had no clue there were illegal substances inside. Your lawyer will look at all the circumstances of your arrest to determine if there are any potential violations of your constitutional rights that could get evidence suppressed. Did the police have probable cause for the search or traffic stop? Were you properly read your Miranda rights before being questioned? Little details like that can sometimes make or break a case. We’ll also analyze the specific evidence the prosecution is presenting. Is it just the testimony of an informant or undercover officer? We may be able to attack their credibility. Are there video recordings or audio surveillance? We can pour over those with a fine-toothed comb to look for any holes in the state’s case. The amount and type of drugs is obviously a huge factor too. If it’s just a small user amount of marijuana, for example, we can potentially argue that you had no intent to distribute and try to get the charges reduced to simple possession. For larger quantities, we may be able to show a lack of evidence that you were going to traffic the drugs – no baggies, scales, or other distribution paraphernalia. We can argue you were just a heavy user with no intent to sell.

Look, I’m not gonna lie to you – beating drug trafficking charges, especially for large amounts of hard drugs like meth or cocaine, is an uphill battle. The laws and prosecutors here in East Texas don’t mess around. But an experienced drug crime defense lawyer knows all the angles to attack the case and expose any weaknesses or constitutional violations in the state’s arguments. We’ll fight tooth and nail to get you the best possible outcome, whether that’s an outright dismissal, reduced charges, or a sentence on the lower end of the punishment range.The key is acting fast and not trying to handle this yourself. The second you get charged or even think you’re under investigation, you need to get a defense attorney involved right away before you accidentally make your situation even worse.

Finding the Right East Texas Drug Trafficking Lawyer

I can’t stress this enough – your choice of legal representation for drug trafficking charges in East Texas is absolutely critical. You need someone with specific experience handling these types of cases in this area’s courts.A general criminal defense lawyer might be able to negotiate a decent plea deal. But you really want someone who has an in-depth understanding of Texas drug laws and how prosecutors and judges here approach these cases. That specialized knowledge can make all the difference.For example, an experienced East Texas drug crime attorney will know:

• Which judges tend to be more lenient for certain charges or circumstances
• How specific prosecutors build their cases and what arguments they’re likely to make
• What kinds of constitutional issues frequently arise in local drug cases
• Sentencing alternatives like drug courts or treatment programs

They’ll also have relationships and credibility with the district attorneys, which can go a long way in negotiating plea bargains and reduced sentences when appropriate.You’re also going to want to look for a few key qualities when evaluating potential attorneys:

Specialization in Drug Cases: Make sure a significant portion of their practice is focused specifically on drug crimes like possession, manufacturing, and trafficking charges. You don’t want a general practitioner who only occasionally handles these.

Local Experience: Find an attorney who is extremely familiar with the specific counties, courthouses, judges, and procedures in the East Texas region. The nuances of how the system works in your local jurisdiction is crucial.

Former Prosecutor Background: Many of the best drug defense lawyers used to be prosecutors themselves. That inside knowledge of how the other side operates and builds cases is invaluable.

Proven Track Record: Of course, you’ll want to know their history of success in handling situations similar to yours. But don’t just take their word for it – check around for reviews, ask for examples of past cases, etc.

Availability and Communication: You need an attorney who will make your case a true priority and keep you in the loop every step of the way. Frequent communication and personal attention is a must

What to Expect From the Legal Process

Investigation and Arrest: In many cases, you’ll be charged after a law enforcement investigation involving surveillance, undercover buys, informants, search warrants, etc. But sometimes the arrest comes first during a traffic stop or execution of a warrant. Either way, this is where you’ll want to go completely silent and ask for your attorney immediately.

Booking and Bail: You’ll be booked, fingerprinted, and processed. Then comes the issue of bail. Your lawyer will work to get you released on bond pending trial by negotiating the amount based on the charges, your ties to the community, and potential flight risk.

Arraignment and Pleading: This is your first court appearance where the charges are formally read. You’ll be asked to enter a plea of guilty or not guilty. This is a formality – always plead not guilty. Your lawyer can request a preliminary hearing to get a preview of the prosecution’s evidence.

Discovery and Investigation: Both sides will engage in the discovery process, which is the exchange of evidence like police reports, confessions, witness statements, etc. Your lawyer will comb through everything and start building your defense strategy. They may launch their own investigation and interview witnesses.

Pretrial Motions: Your attorney will likely file various motions before trial, such as motions to suppress evidence, change venue, dismiss charges for lack of probable cause, etc. How these are ruled can significantly impact your case.

Plea Bargaining: The vast majority of cases are resolved through plea bargaining between the lawyers before ever going to trial. This is where an experienced attorney who knows the system and prosecutors can get the best deal possible for your situation.

Trial: If no plea deal can be reached, your case will go to trial. This is a lengthy and complex process involving jury selection, opening statements, witness testimony, presentation of evidence, closing arguments, jury instruction, and deliberation. Having a skilled trial lawyer is absolutely crucial at this stage.

Sentencing: If you’re convicted at trial, the next phase is the sentencing hearing. This is where your lawyer will make arguments for a lighter sentence based on mitigating factors like lack of criminal history, steady employment, community ties, etc. The judge will ultimately decide your punishment within the ranges we discussed earlier. As you can see, it’s a very involved and high-stakes process from start to finish. Having the right legal representation from the very beginning is absolutely essential. This is not the time to try and be a hero by representing yourself or cutting corners with a bargain lawyer.

Getting the Legal Help You Need

Okay, I’ve thrown a ton of information at you, but I hope it’s given you a clear picture of what you’re up against with East Texas drug trafficking charges and why having an experienced attorney is so crucial. These cases are extremely serious, and the penalties upon conviction can completely derail your life for years or even decades. But at the same time, there are many potential avenues for a good lawyer to fight the charges, get them reduced, or work out a favorable plea deal when appropriate.So if you or a loved one is facing drug trafficking charges anywhere in the East Texas region, from Dallas to Tyler to Longview, don’t wait another second to get the legal representation you deserve. Even if you’ve already been arrested or charged, it’s not too late to turn things around with the right lawyer on your side. Don’t try to navigate this legal minefield alone or with an inexperienced lawyer who is in over their head. Having the right defense counsel from day one could literally be the difference between freedom or years behind bars. It’s that serious. I know this is a stressful and scary situation, but try to stay positive. With preparation and a smart, aggressive legal strategy, you can get through this. Just make that first move to get proper representation in your corner, and take it one step at a time from there.