San Antonio Drug Crime Lawyers
Seasoned Defense & Guidance from Beginning to End
At Flanary Law Firm, PLLC, we understand the fear and uncertainty of being arrested for a Texas drug offense. Texas has some of the strictest drug laws in the nation, and a conviction can have severe consequences. Our experienced criminal defense lawyers are here to guide you through the legal process and fight for your rights.
Drug charges are common in the Texas criminal courts. Individuals of all ages, backgrounds, and walks of life are prosecuted for crimes involving street drugs and unauthorized prescription medicines, from cocaine and methamphetamine to Adderall and Oxycontin.
Texas law has harsh penalties for drug crimes involving the use, possession, possession with intent to deliver, manufacture, or delivery of controlled substances. The penalties depend on the type, amount, and circumstances surrounding drug possession.
San Antonio: A Major Drug Market
The National Drug Intelligence Center has identified San Antonio as the largest drug market in the South Texas High Intensity Drug Trafficking (HIDTA) region. The HIDTA Program is a federal initiative created to coordinate and assist local, state, federal, and Tribal law enforcement agencies in combating drug trafficking and its consequences.
Home to approximately 1.4 million people, San Antonio’s location as a South Texas border area, as well as its economic and transportation systems, support an environment conducive to drug trafficking.
The report finds that drug traffickers conceal their operations within the city, use the highway system to receive and transport illicit drug shipments, and exploit commercial businesses and financial institutions to launder illegal proceeds. The report also identifies Bexar County as having the highest levels of drug abuse in the entire South Texas High Intensity Drug Trafficking (HIDTA) region.
Choose Us for Your Drug Crime Defense
If you have been charged with a state or federal drug crime in the greater San Antonio areas, we strongly advise that you turn to Flanary Law Firm, PLLC for experienced and proven criminal defense representation. Attorney Don Flanary and his exceptional team are experienced in fighting drug charges throughout Bexar County and the surrounding counties of Kendall, Comal, Guadalupe, Wilson, Atascosa, Medina, and Sanders.
Discuss your case with a San Antonio drug crime attorney at Flanary Law Firm, PLLC in a free initial consultation. Call (210) 899-7566 or email us from our online contact form.
Texas Drug Laws
The governing law for Texas drug possession cases is found in the Health & Safety Code, Sub-Title C (also called the Texas Controlled Substances Act, found in Chapter 481 of the Health & Safety Code, §§ 481.001 through 485.113).
Federal drug crimes are governed by the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or its successor statute.
Types of Texas Drug Crimes
The penalties for most drug crimes in Texas depend on the type of controlled substance, the amount of controlled substance, and how the drugs were possessed, sold, manufactured, or transported.
Possession of a Controlled Substance
- Possession of a Controlled Substance — Penalty Group 1-a (Health and Safety Code, SEC. 481.1151)
- Possession of a Controlled Substance — Penalty Group 2 (Health and Safety Code, SEC. 481.116)
- Possession of a Controlled Substance — Penalty Group 2-a (Health and Safety Code, SEC. 481.1161)
- Possession of a Controlled Substance — Penalty Group 3 (Health and Safety Code, SEC. 481.117)
- Possession of a Controlled Substance — Penalty Group Four (Health and Safety Code, SEC. 481.118)
- Possession of a Controlled Substance with Intent to Deliver
- Manufacture of a Controlled Substance
- Delivery of a Controlled Substance; Penalty Group One (Health and Safety Code, SEC. 481.112), Penalty Group One-a (Health and Safety Code, SEC. 481.1121), Penalty Group Two (Health and Safety Code, SEC. 481.113), Penalty Group Three or Four (Health and Safety Code, SEC. 481.114)
- Possession of Marihuana (Health and Safety Code, SEC. 481.121)
- Delivery of Marihuana
- Delivery of Controlled Substance or Marihuana to a Child (Health and Safety Code, SEC. 481.122)
- Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance (Health and Safety Code, SEC. 481.124)
- Barter or Expenditure of Funds (Health and Safety Code, SEC. 481.126)(a)(1, 2))
- Barter or Investing of Funds (Health and Safety Code, SEC. 481.126)(a)(3, 4))
- Unauthorized Disclosure of Information (Health and Safety Code, SEC. 481.127)
- Registrant or Dispenser Offenses (Health and Safety Code, SEC. 481.128)
- Fraud Offenses (Health and Safety Code, SEC. 481.129), Fraud Offenses (Health and Safety Code, SEC. 481.129), Subsection (a), Fraud Offenses (Health and Safety Code, SEC. 481.129), Subsection (a-1), Fraud Offenses (Health and Safety Code, SEC. 481.129), Subsection (b), Fraud Offenses (Health and Safety Code, SEC. 481.129), Subsection (c)(1), Fraud Offenses (Health and Safety Code, SEC. 481.129), Subsection (c)(2)
- Diversion of Controlled Substance Property or Plant (Health and Safety Code, SEC. 481.131)
- Falsification of Drug Test Results (Health and Safety Code, SEC. 481.133)
- Drug-Free Zone Enhancement
Penalty Groups for Texas Drug Crimes
Texas law divides drug crimes into several different penalty groups. Determining the penalty group is the first step in establishing the penalties that apply to the charge.
Penalty Group 1
- Penalty Group 1 under Health & Safety Code § 481.102 includes Opiates.
- The most common Penalty Group 1 types include:
- Cocaine
- Opium
- Methadone
- Alfentanil / Demerol
- Heroin / Horse; Black Tar
- Morphine / Roxanol
- Hydrocodone / Vicodin; Loritab
- Hydromorphone / Dilaudid
- Oxycodone / Percodan
- Flunitrazapam / Rohypnol; Date Rape
- Gamma Hydroxybutyric Acid / GHB
- Ketamine / Kat; Special K
- Methamphetamine / Crank; Speed
- The most common Penalty Group 1 types include:
- Penalty Group 1-A under Health & Safety Code § 481.1021 includes lysergic acid diethylamide.
- The most common Penalty Group 1-A types include:
- LSD
- The most common Penalty Group 1-A types include:
Penalty Group 2
- Penalty Group 2 under Health & Safety Code § 481.103 includes hallucinogenic substances.
- The most common Penalty Group 2 types include:
- Amphetamine / Crank; Speed
- 3, 4-methylenedioxy methamphetamine / MDMA; Ecstasy
- Psilocybin / Mushrooms
- Hashish, oils, resin, concentrate, extracts, or wax from marijuana, although cannabis itself is not included in this category)
- The most common Penalty Group 2 types include:
- Penalty Group 2-A under Health & Safety Code § 481.1031 includes synthetic cannabinoids.
- The most common Penalty Group 2-A types include:
- Synthetic cannabinoids / K-2
- The most common Penalty Group 2-A types include:
Penalty Group 3
- Penalty Group 3 under Health & Safety Code § 481.104 includes prescription drugs that affect the central nervous system.
- The most common Penalty Group 3 types include:
- Oxazepam
- Phenobarbital
- Alprazolam / Xanax
- Diazepam / Valium
- Peyote / Mescaline
- Steroids
- The most common Penalty Group 3 types include:
Penalty Group 4
- Penalty Group 4 under Health & Safety Code § 481.105 includes prescription drugs that affect the central nervous system.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Controlled Substance Amount
The prosecutor must allege the amount of the controlled substance in the indictment because this amount helps determine the applicable punishment range. If the amount is not alleged, the appellate court will remand the matter to the trial court for a new sentencing hearing.
As a result of a legislative amendment in 1997, the definition of a “controlled substance” in Texas currently includes drugs, adulterants, dilutants, and precursors. The term “controlled substance” also consists of the aggregate weight of any mixture, solution, or other substance containing a controlled substance. See Health and Safety Code, § 451.002(5). Since this change in Texas law, the prosecutor no longer needs to allege the specific adulterants and dilutants in the indictment.
Federal Vs. State Drug Charges
Both federal and state authorities can enforce drug laws, and the consequences can vary depending on the jurisdiction.
Here's a simplified breakdown:
- State Drug Charges: Enforced by Texas law enforcement and prosecuted in state courts. Penalties typically range from fines and probation to jail time in state prisons, depending on the specific charge and the amount of the controlled substance involved.
- Federal Drug Charges: These are enforced by federal agencies like the DEA and prosecuted in federal courts. Federal drug offenses often carry harsher penalties, including significant prison sentences and hefty fines.
Navigating Texas Drug Laws
Texas drug laws categorize controlled substances into five Penalty Groups, with Penalty Group 1 carrying the most severe punishments. These classifications can be confusing, and even seemingly small amounts of a particular drug can lead to serious charges. Our San Antonio drug crime attorneys understand the nuances of Texas drug laws and can help you grasp the specific charges you face and the potential penalties involved.
Here's what we can do for you:
- Review the charges: We will meticulously analyze the details of your arrest and the evidence against you.
- Explore defense strategies: Depending on the circumstances of your case, we may explore various defense options.
- Illegal search and seizure: If law enforcement obtained evidence through an unlawful search, we can challenge its admissibility in court.
If law enforcement induces you to commit a crime, this could be a viable defense. The distinction between possession for personal use vs. intent to distribute can also significantly impact the potential penalties. Our attorneys can negotiate with prosecutors for reduced charges or alternative sentencing options.
Common Defenses Against Drug Charges
When facing drug charges, several defense strategies may be employed to challenge the prosecution's case. Here are the most common defenses:
- Illegal Search and Seizure: If law enforcement conducted an unlawful search without probable cause or a warrant, any evidence obtained may be deemed inadmissible in court.
- Mistaken Identity: Defendants may assert that they were misidentified by law enforcement or witnesses, leading to wrongful charges.
- Lack of Knowledge: Demonstrating that the defendant was unaware of the presence of drugs can be a strong defense, especially in cases involving possession.
- Possession for Personal Use: If the defendant can prove that the substance was intended for personal use rather than sale or distribution, the severity of the charges may be mitigated.
- Entrapment: If law enforcement induced the defendant to commit a drug offense that they would not have otherwise committed, this could invalidate the charges based on entrapment.
- Chain of Custody Issues: Challenging how evidence was handled can create doubts about its integrity and reliability, potentially weakening the prosecution's case.
- Chemical Testing Errors: Errors in drug testing, such as improper handling or calibration of testing equipment, can lead to inaccurate results, which could be contested in court.
- Medical Necessity: In cases involving controlled substances that have therapeutic benefits, defendants may argue that the drug was necessary for medical reasons.
At Flanary Law Firm, PLLC, our experienced San Antonio drug crime attorneys understand the complexities of drug crime cases and how to apply these defenses effectively. We conduct a thorough review of your case, examining the details of your arrest, the evidence involved, and the circumstances surrounding the charges. Our team is skilled in navigating challenges like illegal searches or insufficient evidence to build a robust defense strategy tailored to your situation. With a deep understanding of Texas drug laws, we strive to achieve the best possible outcome for our clients, whether through negotiation for reduced charges or rigorous representation in court. Contact us today to discuss your case and explore your options in fighting drug charges.
Additional Resources
Drug Market Analysis for San Antonio Market Areas – According to the report, the greater San Antonio area operates as a transshipment center for cocaine, heroin, marijuana, and methamphetamine smuggled into the United States from Mexico.
The analysis concluded that most of the crack cocaine available in the South Texas border area is supplied by distributors in San Antonio and Houston. The report also found that Bexar County is the primary location for methamphetamine production within the South Texas High Intensity Drug Trafficking (HIDTA) region.
Bexar County Adult Drug Court – Bexar County operates eight criminal and civil specialty treatment courts.
The specialty courts now include programs for:
- DWI offenders with severe alcohol problems
- Military veterans
- Juvenile drug offenders
- Drug offenders with co-occurring mental illness
- Individuals convicted of felony prostitution
Bexar County Drug Court programs provide supervision and treatment interventions to high-risk drug-abusing offenders seeking help for a substance abuse addiction after an arrest in a misdemeanor or felony case.
Drug Court targets offenders who meet the definition of high criminal activity risk and who demonstrate a willingness to participate in community supervision, treatment providers, and the judicial system. The program averages an eight- to 24-month supervision period for felony offenders and 12 to 18 months for misdemeanor offenders.
The felony drug court program uses intensive outpatient counseling from Elite Counseling. In contrast, the misdemeanor drug court program uses counseling services from various community resources in the greater San Antonio area.
Contact us at (210) 899-7566 or online to schedule your free initial consultation with a San Antonio drug crime attorney.