Drug Defense Lawyer
Schedule Your Free Case Review!
Table of Contents
Are You Facing Charges for Drug Crimes and Need A Drug Defense Lawyer?
If you are facing drug charges in Dallas, a top drug defense lawyer will be a critical part of your future. Why? Because the criminal justice system in Texas punishes drug crimes very harshly, and nationally drug crimes are often sentenced more severely than other types of crime. Individuals who are convicted on drug-related charges often spend longer in prison than those who commit heinous and/or violent crimes.
If you are facing charges for any drug-related crimes, is would be very wise to contact Gallian Defense Firm immediately. Gregg Gallian has handled criminal defense cases for hundreds of clients, helping them successfully beat these charges, and get on with their lives.
Drug Defense Lawyer: Drug Crimes in Dallas FAQ’s
Texas has some of the strictest laws in the country for the possession, manufacturing, and/or distribution of controlled substances. If convicted of any drug-related crime you could be convicted of felony charges, resulting in decades in prison, excessive fines, and other disastrous consequences.
Texas defines and categorizes drugs based on the potential danger of the substance, including its addictive properties.
These substances include street drugs, prescription medications, marijuana, and OTC drugs, and are divided into 4 distinct categories.
Drugs in category group 1 are considered the most dangerous substances due to the high risk of dependence, abuse, and overdose. These include both synthetic and prescription drugs.
Any drug crime involving one of these substances will result in the harshest penalties. Those convicted often face mandatory prison sentences and excess fines.
You can view the complete list of all drugs on the Texas Health and Safety website.
Group 2 drugs are less severe than group 1 but still considered addictive and dangerous. These are typically hallucinogenic substances, including natural and synthetic substances.
Penalties for crimes that involve these substances can range from 2 to 99 years in prison and a fine of up to $50,000.
Group 3 drugs are typically pharmaceutical drugs that are abused or misused due to stimulant and sedative effects on the body.
- Anabolic Steroids
- Other Stimulants or Sedatives
Any means of distribution of these controlled substances is illegal and can result in harsh penalties. Punishments can result in up to 20 years behind bars and a fine of $10,000.
Group 4 drugs are the lowest classification of illegal substances. These substances have a low potential for abuse and dependency.
Punishments for Group 4 drugs are similar to the substances listed in Group 3.
What Category are Opioids?
Drug crimes involving opioids are serious offenses because of their rate of dependence and potential for overdose. It is illegal to possess any opioid pain medication without a valid prescription.
Drug charges that involve opioids often face other charges, including:
- Doctor shopping,
It is also illegal to share or obtain opioid pain medication from a family member or friends. Possession and/or distribution of opioids is a felony charge in Texas.
Contact Gallian Defense Firm if you are facing charges for any opioid-related crime. These are serious allegations that require a strong legal defense strategy.
What is the Most Common Drug Crime in Texas?
Texans are arrested for possession of a controlled substance more often than any other drug crime. Marijuana is the most common reason clients are arrested for possession charges. Typically, these cases are based on circumstantial evidence.
The prosecution would need to prove, without any reasonable doubt, that the substance was in your possession. Arrests are often made for substances that are found near the defendant. This is not evidence that the substance was in your possession.
There are several ways to dispute the circumstantial evidence in possession cases. For example, the drugs may not belong to the defendant, or the substance could have been belonged to another passenger.
Is Texas More Harsh Than Other States for Drug Offenses?
Texas criminalizes drug charges with more severe penalties than other states. The penalties for a conviction of drug charges depend on several circumstances in the case.
- The amount of the substance
- Drug Classification
Cases that involve manufacturing or an intent to sell or deliver drugs are considered significantly more serious.
Penalties are significantly more severe if a child is involved in the case. These instances include using a child to commit the crime, or delivery of drugs to a minor. Selling or possessing drugs in a school, playground, or other area frequented by children also increases potential punishments for the crime.
Common Drug Charges Include:
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Possession or Delivery of Drugs in a Drug-Free Zone
- Manufacturing a Controlled Substance
- Delivery of a Controlled Substance
Do I Have to Let Cops Search My Car?
No, you are not required to allow officers to search your car during a traffic stop. The Fourth Amendment protects citizens from illegal search and seizure. The officers will need to have a search warrant or valid reason to search your vehicle.
Police will often bully people into believing they are required to provide consent for a vehicle search. Officers are not allowed to search your vehicle if you do not give consent.
What Is a Valid Reason for A Car Search?
There are few circumstances when it is legal to search an individual’s vehicle without their consent. This is allowed in the following circumstances.
- The officer has probable cause to believe that there is evidence of a crime inside the vehicle.
- The officer believes that a vehicle search is necessary for their protection. For example, that a weapon may be concealed.
- If an individual is arrested and a search would provide evidence pertaining to the arrest.
Probable cause is a gray area in law and disputable in many circumstances. Probable cause means that law enforcement has reason to believe that a crime has been committed. They can also claim that they believed a crime is currently or is going to be committed.
Is Manufacturing and Distribution More Serious Than Possession?
The penalties for the distribution and/or manufacturing of illegal substances are more severe than those for drug possession. These are felony charges that can lead to life-damaging consequences, including decades behind bars.
Any crime that involves the cultivation, manufacturing, or delivery of drugs is charged as a felony drug offense in Texas. Contact Gregg Gallian immediately to discuss your case if you are facing charges for drug manufacturing and/or distribution.
Is Intent to Distribute the Same as Trafficking?
Both of these crimes involve the distribution of a controlled substance. This can include transporting, importing, or selling. There are laws that specify the minimum amount of a controlled substance involved to charge an individual with drug trafficking.
If you are arrested for drug possession law enforcement may also make allegations that you intended to sell the drugs. In these cases, you may also be charged with an intent to distribute. This often depends on the amount of drugs in your possession.
However, there are no laws that define a minimum amount for charging an individual with the intent to distribute.
What is Money Laundering for Drugs?
Money laundering is a felony crime in Texas. When committed for drugs the penalties for these crimes are particularly severe. These allegations claim that an individual committed drug trafficking and reported that the money was obtained legally. Money laundering for drugs requires planning and effort to execute. Typically, this crime involves 3 basic stages.
- The individual places the proceeds from drugs sales into an account at a domestic or foreign financial institution.
- The individual then covers their trail, using layers to hide the source of ownership, and protect them from an audit.
- Lastly, the funds are then disgusted through the integration of a legitimate source of the revenue.
Coverups for these funds are often false businesses, purchasing financial instruments, including stocks or bonds, and/or real estate investments.
What If I’m Facing Marijuana Charges in Dallas?
Texas is still behind much of the nation in lack of progression in the marijuana movement. The majority of Texans are in favor of marijuana legalization, but political figures are moving slowly. Marijuana is classified differently under Texas Law, but the state is still home to some of the harshest marijuana laws in the country.
What Charges are Associated with Marijuana?
Charges associated with marijuana are similar to those of other drug offenses. Individuals can face criminal drug charges for the cultivation, possession, or distribution of marijuana. You can also be arrested and charged with a DUI for driving under the influence of any marijuana product containing THC.
Penalties are based on the amount of marijuana found in your possession and intention. Penalties are significantly more harsh if crimes are committed near a location that is frequented by children, including schools and playgrounds.
Is Marijuana Possession a Serious Charge?
Many states throughout the nation have decriminalized possession of small amounts of marijuana. Laws have relaxed slightly in recent years and more serious crimes may now be classified as misdemeanors, but penalties are still harsh.
- Less Than 2 Ounces – Misdemeanor w/ up to 6 months in jail and $2000 in fines.
- 2-4 Ounces – Misdemeanor w/ up to 1 year in jail and $4000 in fines.
- 4 Ounces to 5 Pounds – Felony w/ up to 2 years incarceration and $10,000 in fines.
- 5- 50 Pounds – Felony w/ up to 10 years incarceration and $10,000 in fines.
- 50-2000 Pounds – Felony w/up to 20 years incarceration and $10,000 in fines.
- 2000+ Pounds – Felony w/up to 99 incarceration and $50,000 in fines.
Trafficking charges, or an intent to distribute, are also likely if large amounts are marijuana are found in your possession.
What are the Penalties for Selling Marijuana in Texas?
Selling marijuana is a serious criminal offense in Texas. Even giving someone a small amount (less than 7 grams) as a gift is a misdemeanor offense.
This is punishable by up to 6 months in jail and a fine of up to $2000. If this small amount is sold for financial gain, this offense faces up to 1 year behind bars and fines of up to $4000.
Are Marijuana Concentrates Treated Differently?
Texas, unlike other states, classifies marijuana concentrates as a separate drug. An individual is charged with a felony for possession of any amount of concentrate. You can also be charged with manufacturing even if only a small amount was curated for only personal use.
What is Considered Paraphernalia?
Drug paraphernalia is defined as any item used to consume, package, or process a controlled substance.
- Roach Clips
Bags used to store marijuana are also considered drug paraphernalia. Possession of drug paraphernalia is a Class C misdemeanor that can result in up to $500 in fines. The prosecution would need to prove that these items were used for drug-related use.
What If I Sold Paraphernalia?
Selling drug paraphernalia is a Class A misdemeanor, putting you at risk of 1 year behind bars and a fine of up to $4000. This applies to any item that can be used to grow, harvest, process, sell, or use marijuana.
What Are the Penalties for Drug Crimes in Texas?
Penalties for drug crimes will depend on several factors involved in your case, including the category of the substance and crime committed.
Factors that Determine Penalties Include:
- Amount of Substance
- Properties of Substance
- Intention (Personal Use, Distribution)
- Type of Crime (Manufacturing, Distribution, Possession)
Previous convictions will also determine how harshly a case is penalized. Individuals with criminal records, especially previous felony and/or drug-related charges, are punished most severely.
Penalties for drug crimes include loss of driver’s license, prison sentences, and hefty fines. If convicted on felony charges you will also suffer from loss of housing, educational, and employment opportunities. These charges will have damaging and lasting consequences on your future, family, and reputation.
What Is Operation of a Stash House?
Operation of a stash house is a law that passed during the 2019 Texas Legislature session. It is defined as renting a property with the intent to use the space for illegal activities. You can also face this charge if you knowingly lease a property to another individual with these intentions.
Illegal activities could include human trafficking, prostitution, and other crimes.
An individual who charged with the operation of a stash house faces, at minimum, a Class A misdemeanor. This is punishable by up to 1 year in jail and $4000 in fines.
Do I Need to Hire a Federal Defense Lawyer for Federal Drug Conspiracy?
Hiring a federal drug conspiracy defense lawyer is the best way to minimize your penalties if you are charged federally.
Click here to learn more about federal drug conspiracy, click here. To understand the need for a federal criminal defense lawyer, click here.
There are strategies a federal drug conspiracy lawyer like Gregg Gallian will employ to potentially avoid jail time or even have your case dismissed. Legal professionals use various defense strategies, including questioning the evidence, discrediting witnesses, using these tactics to create reasonable doubt surrounding the allegations.
Gregg Gallian of Gallian Defense Firm is experienced and dedicated to representing his clients against the harsh legal justice system. He has represented hundreds of clients throughout Dallas and surrounding areas and successfully beat these charges.
If you find yourself charged with a federal drug offense, Gallian is a top notch federal criminal defense lawyer with a track record of getting drug charges dropped or reduced.
Can Drug Charges Be Dropped?
Drugs charges can be lessened in severity, or in some cases dropped, if hire an experienced and competent criminal defense attorney. The majority of case outcomes depend on the quality of the attorney you choose to represent you in court.
Gallian spent years working as a state prosecuting attorney. This experience has provided him with extensive knowledge of both sides of the law, making him a force in the courtroom. Reach out to Gallian Defense Firm for more information about legal representation that can potentially help you beat these charges.
What Defense Strategies Can an Drug Defense Attorney Use?
As an experienced drug defense attorney can tell you, during an arrest, police officers are notorious for charging individuals excessively, adding multiple criminal accusations to the arrest. These charges are oftentimes built on circumstantial evidence and do not constitute proof of a crime.
There are several routes of defense that Gallian Defense Firm could utilize, including highlighting a lack of evidence or intent in the case. Gallian may even be able to have your case dismissed when he meets with the prosecution and shines a light on the lack of evidence in the case.
There are also other ways that your attorney can defend you against these charges, including claims of an illegal search, entrapment, planting of evidence, and/or denial of the allegations.
What If the Drugs Did Not Belong to Me?
This happens more often than many people realize. Drugs are easy to hide. Police arrest and charge people with crimes, including possession and intent to sell, when they discover drugs that were hidden nearby. This is not proof of possession and merely circumstantial evidence.
Gregg Gallian will review the details of your case and build a defense strategy. In these circumstances, he may be able to have charges dropped and if there is no evidence that the drugs belonged to you.
What is Entrapment?
Entrapment is a defense strategy that can be utilized if there are officers involved in your case. This is the claim that officers used threats or other forms of harassment that instilled fear in the defendant. These threats made the individual a pawn who felt forced to commit the crimes for which they are charged.
How a Drug Crime Lawyer Help Me Avoid Jail Time?
As an experienced, top notch drug crime lawyer, Gregg Gallian will work with the prosecution to have charges lessened, potentially avoiding imprisonment. This may require you to participate in drug counseling, drug testing, rehabilitation programs, and/or report to a probation officer. All of these options allow clients to continue their lives without spending time behind bars.
What Is an Illegal Search and Seizure?
Officers may have also violated your constitutional rights during the arrest process, including performing an illegal search. Police officers are not allowed to search your property, including your home or vehicle, without a search warrant obtained through the court system.
This is a violation of your constitutional rights and deems the charges and case dismissible in court. Any drug charges that result from an illegal search and seizure are disputable.
Were My Constitutional Rights Violated?
The police are required to abide by certain practices to protect your constitutional rights. When officers fail to abide by these laws, any charges and/or evidence that was obtained could be thrown out.
Examples of Violations Include:
- Using Excessive Force
- Cruel and Unusual Punishment
- False Arrest
- Violation of Miranda Rights
- Failure to Warn of Miranda Rights
- Held Longer Than Legally Allowed on Mere Suspicion
- Illegal Searches of Home/Vehicle
Law enforcement should be held accountable when they violate any of these constitutional rights.
What If It Is My 1st Offense?
Your attorney may be able to have your case dismissed or probated if this is your first drug-related criminal offense. This is most likely to occur only if your crimes were non-violent in nature. You may also be eligible for a pre-trial diversion program.
What Do I Need to Do If I’m Facing Drug Charges?
The first thing that you need to do if facing drug charges is contact Gregg Gallian to set up a free consultation to discuss your unique case. Every case is different. Gregg Gallian wants to speak with you personally to obtain and understand all circumstances in your case. This information will help him develop the best legal defense in court.
- Call Gallian Defense Firm at 214-432-8860 or fill out the contact form below to set up a free consultation.
- During your consultation bring all documents that are related to your case, including arrest records, charges, etc.
- Gregg Gallian will review all evidence and elements of your case and provide you with potential legal defense strategies and honest expectations.
- His firm will deal with the court system to have your case and fight to have your charges dismissed or lessened.
Gregg Gallian fights to keep his clients out of jail and with their families. He understands how serious felony charges can damage your future opportunities and fights to have these drug charges lessened.
What If I Already Hired Another Drug Crime Lawyer?
It is critical to your case that you hire an experienced and reputable drug crime lawyer to have a chance at beating these drug charges. Even if you have already hired another criminal drug crime lawyer, it is never too late to contact Gallian Defense Firm to discuss your case. In fact, it is a wise move.
Your future, life, and family are on the line. You need the best drug charge lawyer in your corner to fight these serious charges. Reach out for more information and to obtain legal guidance.
Hire a Top Drug Defense Lawyer, Contact Gallian Defense Firm Today
Reach out to top drug defense lawyer Gallian Defense Firm today for more information about his impressively effective legal defense services. Gallian has been a top rated attorney in the Dallas for years. His bold defense strategies have helped countless clients charged with drug crimes avoid prison time or get drug charges dropped or reduced.
Contact Gallian today by filling out a form on the homepage and allow him to defend you against these tough charges.