Houston Drug Crimes Lawyer
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Houston, TX Drug Defense Attorney B. Keith Jackson is Here to Defend Your Rights
Being charged with a drug crime in Texas can put your freedom, future, and reputation at risk. If you are facing drug possession charges or any offense involving an illegal substance, you need a Houston drug crimes lawyer who will fight to protect your rights. At B. Keith Jackson, Attorney and Counselor at Law PLLC, we aggressively defend clients in Harris County and surrounding areas against state and federal drug charges.
Even a simple possession charge can result in jail time, large fines, and serious collateral consequences, including child custody issues and a lasting criminal history. That’s why it’s essential to have a criminal defense lawyer in Houston who will protect your best interests from start to finish. We work to build a strong defense strategy for every single case we take on.
The criminal justice system can be challenging to face alone. Call (281) 545-5020 or contact us online to speak with an experienced Houston drug crime defense attorney today.
What is a Controlled Substance in Texas?
A controlled substance is any drug or chemical that is regulated by state and federal law because it has the potential for abuse or addiction. Illegal drugs like cocaine, methamphetamine, and heroin are considered controlled substances, as well as certain prescription drugs such as opioids, Xanax, and Adderall, when possessed without a valid prescription.
If you are facing drug possession charges involving any controlled substances, a Houston drug crime lawyer can help you understand your rights and build a strong defense strategy on your behalf.
How are Drugs Classified in Texas?
In Texas, drugs are classified under two systems: schedules and penalty groups.
The Texas Controlled Substances Act follows the federal drug schedule system, ranking drugs from Schedule I (the most dangerous, with no medical use) to Schedule V (lower potential for abuse and accepted medical use), with some minor modifications.
Texas also uses penalty groups to determine how severe the punishment for a drug offense will be. There are four main penalty groups, with Penalty Group 1 including the most serious illegal drugs, which carry severe consequences such as prison time and large fines. Other controlled substances fall into lower penalty groups with less harsh penalties.
Drug Schedules in Texas
Below are the various schedules for controlled substances, according to the Texas Controlled Substances Act:
- Schedule I – High potential for abuse, no accepted medical use.
- Schedule II – High potential for abuse, but some accepted medical uses with severe restrictions.
- Schedule III – Moderate potential for abuse, accepted medical use, and lower risk of dependence than Schedules I and II.
- Schedule IV – Lower potential for abuse compared to Schedule III, widely accepted medical use.
- Schedule V – Lowest potential for abuse, widely accepted medical use.
Drug Penalty Groups in Texas
Controlled substances are also classified into penalty groups, which determine the severity of criminal charges and punishments in Texas.
Drugs in Penalty Group 1 in Texas are considered highly addictive and dangerous. This group includes cocaine, methamphetamine, heroin, oxycodone, and fentanyl. Possession of a small amount can result in a state jail felony, while more significant amounts or intent to distribute can lead to a first-degree felony.
This group covers LSD (Acid) and related hallucinogens, with penalties based on the number of dosage units rather than weight. Possession of fewer than 20 units may be classified as a state jail felony in Texas, while larger amounts could be considered a first-degree felony.
Penalty Group 1-B was created recently to address the dangers of synthetic opioids, and includes fentanyl, alpha-methyl fentanyl, and similar drugs. Because of the high risk of overdose, penalties for drug offenses in this group are severe in Texas. Possession of even a small amount can lead to a third-degree felony. Larger quantities typically result in a first-degree felony charge.
This group consists of hallucinogenic and stimulant drugs, such as Ecstasy (MDMA), PCP, mescaline, and psilocybin. The minimum charge for possession or intent to distribute is a state jail felony. The maximum charge is a first-degree felony.
This category includes synthetic cannabinoids, commonly known as K2 or Spice, which are designed to mimic marijuana. Possession of a small amount can lead to a Class B misdemeanor in Texas, while larger amounts can result in a first-degree felony.
Drugs in Penalty Group 3 in Texas have accepted medical use, but still pose a risk for abuse. This group includes Xanax, Valium, Ritalin, and low-dose hydrocodone. Having less than 28 grams in possession is considered a Class A misdemeanor, while larger amounts or intent to distribute can escalate to an enhanced first-degree felony.
This group includes certain prescription medications that contain limited amounts of narcotics, such as cough syrups with codeine. Possessing a small amount is typically considered a Class B misdemeanor, but possessing or distributing large amounts may lead to an enhanced first-degree felony in Texas.
Although legalized marijuana exists in some states, marijuana possession is still a crime in Texas, separate from other penalty groups. Possession of less than two ounces is a Class B misdemeanor in Texas. Possession of larger amounts or intent to distribute can result in an enhanced first-degree felony.
Exceptions to Texas Drug Laws
While Texas drug laws strictly regulate controlled substances, there are some exceptions.
Certain prescription drugs are legal to possess if obtained with a valid prescription from a licensed doctor. For example, medications like Xanax, Oxycodone, and Adderall are considered controlled substances, but having them with a prescription does not result in drug possession charges. Additionally, Texas allows limited use of low-THC cannabis for specific medical conditions under the Compassionate Use Program, but this does not mean marijuana possession is entirely legal.
Some over-the-counter medications that contain small amounts of controlled substances, like cough syrups with codeine, are also legal when purchased and used according to regulations. However, misuse or unauthorized possession of these substances can still lead to criminal charges.
If you have been accused of a drug crime despite meeting an exception under Texas law, a Houston drug crime defense lawyer can challenge the prosecution’s evidence and protect your legal rights.
Types of Texas Drug Crimes Attorney Jackson Can Handle
When you are charged with a drug crime, you need an experienced attorney who understands criminal law and knows how to fight for the best possible outcome. Experienced Texas criminal defense attorney B. Keith Jackson has successfully defended clients in a wide range of drug cases, from simple possession to serious felony charges involving drug manufacturing and distribution.
Drug Possession
If you have been charged with drug possession in Texas, you need a strong legal defense to fight for your rights and future. Attorney B. Keith Jackson has extensive experience handling drug possession cases, including those involving marijuana possession, cocaine possession, and possession of other controlled substances.
He will carefully review the details of your arrest, examine whether police officers conducted an illegal search, and challenge any weaknesses in the prosecution’s case. Whether arguing for lack of possession, proving the substance belonged to someone else, or negotiating for reduced charges, Houston drug possession lawyer B. Keith Jackson will build a strong defense strategy tailored to your situation.
Possession of Drug Paraphernalia
A drug paraphernalia possession charge may not seem as severe as other drug possession cases, but a conviction can still result in fines, a criminal record, and other serious consequences. Many people don’t realize that items like pipes, baggies, and scales can lead to drug charges under Texas law, even if no illegal drugs are found.
Our law firm fights to protect your legal rights and prevent a conviction from impacting your future. Before you plead guilty, speak with a drug paraphernalia attorney in Houston who can examine the details of your case, challenge the evidence, and explore options for dismissal or reduced penalties.
Drug Distribution
Being accused of drug distribution is a serious matter, especially if the case involves substantial amounts of a controlled substance or crossing state lines. Depending on the circumstances, you could be prosecuted under either state or federal law, which means you might face federal drug charges with significant repercussions, including lengthy prison sentences and hefty fines.
As a Harris County, TX drug distribution attorney, B. Keith Jackson understands how to fight these charges and protect your legal rights. He will analyze the details of your arrest and work to achieve the best possible outcome for your case.
Drug Manufacturing
A drug manufacturing charge can carry harsh penalties like long-term imprisonment, fines, and a permanent criminal record.
Depending on the amount and type of controlled substance involved, you could face federal charges, which means your case may be prosecuted in federal court with even more severe punishment. Law enforcement aggressively pursues these drug cases, often using surveillance, informants, and undercover operations to gather evidence.
Houston drug manufacturing lawyer B. Keith Jackson knows how to challenge the prosecution’s claims, question the legality of searches, and expose weaknesses in the case against you.
Penalties for Drug Crimes in Texas
The consequences of drug crimes in Texas depend on the type and amount of the controlled substance involved. Charges can range from misdemeanors with small fines to serious felony offenses with years in prison.
For example, a simple possession charge for a small amount of marijuana is considered a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. But large-scale possession of a Penalty Group 1 drug like cocaine or methamphetamine can be an enhanced first-degree felony, punishable by five years to life in state prison and fines up to $250,000. Drug distribution or manufacturing charges can also carry consequences that are just as, if not more, severe.
In addition to criminal penalties, a drug conviction in Texas can affect your employability, limit your housing options, and affect your professional licenses. It may even affect child custody cases and immigration status. Because the stakes are so high, it’s essential to make sure that you have a skilled Houston drug crimes lawyer who can provide the strongest defense possible.
How a Houston Criminal Defense Lawyer like B. Keith Jackson Can Help
When facing drug charges in Houston, you need an attorney who will fight tirelessly to protect your legal rights and pursue every possible defense. As an experienced Houston criminal defense attorney, Attorney B. Keith Jackson knows how to aggressively challenge prosecutors to achieve the best possible outcome for his clients.
He will explore all legal defenses to have the charges reduced or dismissed whenever possible. If a plea deal is in your best interest, he will negotiate for probation, reduced penalties, or alternative sentencing to minimize the impact on your life. No matter the circumstances, Attorney Jackson is committed to providing the strongest defense possible to protect your freedom and your future.
Common Defenses to Drug Crimes in Texas
There are several legal defenses that may help reduce or dismiss your drug charges. The right defense depends on the specifics of your case, but some of the most common defenses include:
- Illegal search and seizure – If police officers searched your property without a warrant or probable cause, the other evidence may be thrown out.
- Lack of possession – If the illicit substance was not yours or you were unaware of its presence, the prosecution may not be able to prove that you had control over the substance.
- Valid prescription – If you have a valid prescription for a medication like Xanax or Oxycodone, it could be a defense against drug possession charges.
- Entrapment – If law enforcement coerced or pressured you into committing a drug crime, you may have a valid defense.
- Lack of intent to distribute – If you’re charged with drug distribution, but there is no real proof of intent to sell, your charges may be reduced.
In Need of a Texas Drug Crimes Lawyer? Houston, TX Defense Attorney B. Keith Jackson is Here to Help
Being charged with a drug crime can be overwhelming, but the outcome of your case is not set in stone. In drug crime cases, the prosecution must prove every element beyond a reasonable doubt, and many factors could weaken their case. From questioning illegal searches to proving lack of possession, having a skilled criminal defense attorney on your side can make all the difference.
At B. Keith Jackson, Attorney and Counselor at Law PLLC, we understand the impact that drug charges can have on your life, career, and future. That’s why we fight aggressively to ensure that your rights are protected every step of the way.
Don’t leave your future to chance. Call (281) 545-5020 or contact us online to discuss your case with a Houston drug crimes lawyer today.
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