Texas courts consider drug crimes a serious matter, and sentencing usually includes pricy fines and possible jail time if convicted. Both federal and state laws target the drug problem in Texas, and according to the Journal of Ethics, this includes the abuse of prescription medication. When it comes to sentencing for a drug crime, the courts will consider several factors unique to your case.
If you face serious drug charges, you should remember that the law still protects your rights to a fair trial. You will need a comprehensive defense strategy, and an experienced criminal lawyer in Dallas can help you structure one. Call the Law Offices of Robert Gregg at (214) 891-7536 to discuss your case, and read on to learn about four factors that influence the court’s decision when sentencing for drug crimes:
- Amount of Drugs
If the police find large quantities of drugs on your person or property, the courts will confiscate them. The more drugs in your possession, the harsher your sentence is likely to be. If you claim they were for personal use, the prosecution may argue that it is impossible for you to take such a large amount of drugs on your own, and you could face steeper penalties.
- Type of Drugs
The type of drug in your possession will greatly influence your final sentencing if the courts find you guilty. The U.S. Department of Justice governs the Controlled Substances Act, and certain drugs may subject you to federal charges and penalties.
The Act classifies various drugs into different groups, according to the severity of the drug. Cocaine falls into Group 1 while easily available prescription drugs fall into Group 3, and they usually carry much lighter sentences.
- Location of Arrest
The court will factor the location of your arrest into its sentencing decision. If you violate drug laws near daycare centers, public parks or schools, your sentence will increase significantly. Distributing drugs to minors and other vulnerable members of the public is a grave offense in Texas. If police found the drugs in your home, you were not endangering or influencing anyone else, and the court will likely reduce your sentence accordingly.
- Purpose of Drugs
Texas courts will attempt to determine your reason for carrying the drugs, as well as what you intended to do with them. Judges are unlikely to penalize personal drug users with the same severity as those who intend to distribute the drugs. Therefore, you will receive a lighter sentence for consuming controlled substances in the privacy of your home and harsher penalties for manufacturing drugs or selling them.
Regardless of the type of drug charges you face, if the court finds you guilty, it will sentence you after considering these factors. Even if you consider your charges minor, severe consequences are likely without a strategic defense.
A criminal attorney can assess your case, protect your rights and develop an extensive strategy to defend against your drug charges. Call the Law Office of Robert Gregg today at (214) 891-7536 for valuable legal advice.