DRUG CRIMES

Are You Facing Charges for Drug Crimes and Need A DALLAS Drug CRIME 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 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.

How Does Texas Define Drugs?

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.

What Are Group 1 Drugs?

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.

Examples include:

  • Ketamine
  • Methadone
  • LSD
  • Cocaine
  • Heroin
  • Opium
  • Methamphetamine

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.

What Are Group 2 Drugs?

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.

Examples include:

  • Shrooms
  • Ecstasy
  • PCP
  • Mescaline

Penalties for crimes that involve these substances can range from 2 to 99 years in prison and a fine of up to $50,000.

What Are Group 3 Drugs?

Group 3 drugs are typically pharmaceutical drugs that are abused or misused due to stimulant and sedative effects on the body.

Examples include:

  • Ritalin
  • Adderall
  • Anabolic Steroids
  • Valium
  • 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.

What Are Group 4 Drugs?

Group 4 drugs are the lowest classification of illegal substances. These substances have a low potential for abuse and dependency.

Examples include:

  • Darvocet
  • Ambien
  • Tramadol

Punishments for Group 4 drugs are similar to the substances listed in Group 3.

What Are the Penalties for Drug Crimes in Texas?

drug possession lawyer

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 for drug crimes 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 are some Common Drug Charges people face?

  • 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

is MARIJUANA POSSESSION the Most Common Drug Crime in Texas?

drug defense attorney

Texans are arrested for possession of a marijuanaa, 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.

BEING ARRESTED FOR MARIJUANA POSSESSION IN TEXAS

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 If I’m Facing Marijuana Charges in Dallas?

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 in TEXAS 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 if I am charged with Opioids POssession without a prescription?

drug defense lawyer

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.

OPioids charges can often include other chargeable offenses

  • Doctor shopping,
  • Forgery
  • Trafficking

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 Firm if you are facing charges for any opioid-related crime. These are serious allegations that require a strong legal defense strategy.

What are the Penalties for Selling Drug Paraphernalia in Dallas?

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 some Examples of paraphernalia?

Drug paraphernalia is defined as any item used to consume, package, or process a controlled substance.

Bongs
Roach Clips
Pipes
Syringes
Spoons

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.

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. Factors include:

  • The amount of the substance
  • Drug Classification
  • Intention

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.

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.

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.

  1. The individual then covers their trail, using layers to hide the source of ownership, and protect them from an audit.
  2. 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.

Can Drug Charges Be Dropped?

Drugs charges can be lessened in severity, or in some cases dropped.  But it starts with hiring 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 Firm for more information about legal representation that can potentially help you beat these charges.

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 Firm for more information about legal representation that can potentially help you beat these charges.

What Defense Strategies Can a Drug Charge Defense Attorney Like Gregg Gallian 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 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.

The Drugs Did Not Belong to You

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.

You were a victim of 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.

Your Constitutional Rights were 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: 

  • Cruel and Unusual Punishment
  • Using Excessive Force
  • 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.

the drugs were obtained in 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.

it was a nonviolent first offense

Your drug defense 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 IF THE COPS FIND DRUGS IN A CAR SEARCH? IS THAT LEGAL?

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.

Do I Have to Let the 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 Steps should I take 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.

  1. Call Gallian Firm at 214-432-8860 or fill out the contact form below to set up a free consultation.
  2. During your consultation bring all documents that are related to your case, including arrest records, charges, etc.
  3. Gregg Gallian will review all evidence and elements of your case and provide you with potential legal defense strategies and honest expectations.
  4. 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 ARE FEDERAL DRUG CHARGES?

Federal drug charges can include charges for crimes such as:

  • Trafficking
  • Distribution
  • Manufacturing
  • Possession w/Intent to Distribute
These charges are extremely serious.   If there are more than one of you involved, you may possibly be facing charges for a federal drug conspiracy.

DO I NEED A SPECIAL FEDERAL DEFENSE LAWYER IF I AM CHARGED WITH A FEDERAL DRUG CRIME?

Hiring a federal defense lawyer is the best way to minimize your penalties if you are charged federally with a drug crime.

To understand the need for a federal criminal defense lawyer,  click here.

There are strategies a federal defense attorney like Gregg Gallian will employ to potentially avoid jail time or even have your case dismissed. Some lawyers have no experience in federal court.  Don’t hire an attorney who is new to federal charges! 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 Firm is experienced and dedicated to representing his clients against the harsh federal legal justice system. He has represented hundreds of clients throughout Dallas and surrounding areas and successfully beat these charges both at the state and federal level.  

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. 

What If I Already Hired Another defense Lawyer in my drug case?

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 defense lawyer, it is never too late to contact Gallian 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.

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 defense lawyer, it is never too late to contact Gallian Firm to discuss your case.  In fact, it is a wise move. 

reach out to top dallas drug defense Lawyer gregg gallian Today

Reach out to top drug defense lawyer Gallian Firm today for more information about his impressively effective legal defense services.  Gregg Gallian has been a top rated attorney in Dallas for many years and has had countless clients charged with drug crimes avoid prison time or get drug charges dropped or reduced.

Contact Gallian today or call (214) 432-8860 as soon as possible for a free case review and consultation.  You will be glad you did.  

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Christopher E.
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I worked with Gregg Gallian and had amazing results! I contacted a different lawyer at the beginning of my case and had no communication, effort and I even started to question whether I was forgotten about. I made the change and got with Mr. Gallian and he was quick and effective with making progress with my case! He was always professional, very communicative, knowledgeable in what he does and will get you good results! I highly recommend him and I know I'll be contacting his firm if I ever need to again.
Matt C.
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Gregg was an amazing lawyer. He and his team were incredibly professional from the start and Gregg was just as passionate about my issue as I was. He cared - which is something many lawyers don't do. He expedited resolution to my issue and sought to restore justice. I am eternally grateful for him and his colleagues. I had been fighting this issue for 6 months and within 2 weeks of hiring him, it was resolved. Highly recommend if you are in need of a lawyer.
Natalie R.
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Thank you! Truly, the Gallian Firm, is the representation you want and need when hopeless situations arise! We worked directly with Gregg and he was a wonderful listener, discussed options, and stood by throughout the process…And well beyond! He was always available to help ease worries and answer questions. He has great patience and doesn’t give up! We are so grateful to have found Gregg and would recommend him to anyone! Thank you again!
Jazmin C.
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Greg Gallian came highly recommended by a nationally renowned attorney. In our stressful situation, he put our mind at ease and handled our situation with the utmost attention and diligence. Thank you, Greg for your expertise and professionalism. We are forever grateful for having you on our team!
Valerie P.
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Thorough, respectful and communicative! We went with Mr. Gallian after having a lack luster lawyer. We immediately saw the difference in approach, he truly goes above and beyond, as well as the employees in the office. He got us the best possible outcome, something that wasn't even given as an option with our previous lawyer! I'd recommend his services to anyone. I can't thank him enough for his work.
Dawn O.
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Mr. Gallian was upfront and professional in every interaction. He communicated his game plan effectively and set realistic expectations for us heading into court. We were very pleased with the outcome!

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