Drug Related Crimes
If you or a loved one has been arrested for narcotics, you will need aggressive and experienced representation to secure your rights. You need someone who is willing to fight for the best possible outcome. Contact Rick today to arrange a free consultation with an experienced Houston Criminal Defense Attorney.
HOUSTON LAWYER FOR DRUG RELATED CRIMES
There are no statutory penalties in Texas that specifically criminalize drug use. Instead, what is generally criminalized in Texas is drug possession. Drug possession is a statutorily defined term. In order to prove a person possessed drugs or contraband the state must prove you exercised “care, custody, control, and maintenance,” over the substance. There are a multitude of factors that must be analyzed to determine whether the state can prove the accusation.
Drug crimes in Houston are taken very seriously and the penalties associated with them can range from Class C misdemeanors all the way up to First Degree Felonies, depending upon the amount seized. Drug crimes can be charged as state or federal offenses. Convictions can lead to jail or prison time, a criminal record, drivers license suspension, and can dramatically impact your quality of life as far as gaining employment, finding housing, getting a home or school loan, becoming a professional, or being accepted to certain colleges or universities. Because all the cards are stacked against you after conviction of a drug crime it is essential to hire an experienced and tenacious criminal defense lawyer in Houston, TX before it is too late to prevent one.
If you have been accused of a drug crime in Houston, or any of the surrounding areas contact The Law Office of Rick Oliver Houston. Attorney Rick Oliver will take every measure needed to fight the allegations against you. Contact a Houston Criminal Lawyer to arrange a free consultation.
Phone: (713) 864-3700
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Generally, marijuana is considered to be an illegal recreational drug, known by many names including cannibus, hydro, chronic, weed, bud, Mary Jane, and innumerable others. A conviction for possession of marijuana can result in jail time, large fines, a drivers license suspension and a permanent criminal record. However, an experienced criminal defense attorney can help you identify legal issues relating to the investigation and subsequent search and seizure that lead to your arrest that can potentially result in a dismissal or reduction of the charges against you. Contact The Law Office of Rick Oliver to see how we can assist you.
Penalties for Possession and/or Delivery of Marijuana
The penalties that can be assess for a person convicted of possession of marijuana are codified in the Texas Health & Safety Code. Those ranges are as follows
- Possession of paraphernalia – Class C misdemeanor (up to $500 fine)
- < 2 oz. – Class B misdemeanor (0 to 180 days in jail and fine of $2,000)
- 2 to 4 oz. – Class A misdemeanor (up to a year in jail and a $4,000 fine)
- 4 oz and 5 pounds – State Jail Felony (180 days jail to 2 years in State Jail Facility and $10,000 fine)
- 5 to 50 lbs – 3rd degree felony (2-10 years in prison and fine of $10,000)
- 50 and 2,000 lbs – 2nd degree felony (2-20 years in prison and $10,000 fine)
- More than 2,000 pounds – 1st degree felony (5-99 years/Life and $50,000 fine)
Delivery of Marijuana
A person can be accused of being a “drug dealer” even if no money is exchanged for the drugs. Those “dealers” who are paid in exchange for drugs face much harsher penalties than those whose only desire is to smoke:
- Gift of ¼ oz or less – Class B misdemeanor (0 to 180 days in jail and $2,000 fine)
- Sale of ¼ oz of marijuana or less – Class A misdemeanor (up to 1 year in jail and $4,000 fine)
- Sale of ¼ oz to 5 lbs – State Jail Felony (180 days to 2 years in State Jail Facility and $10,000 fine)
- Sale of 5 to 50 lbs – 2nd degree felony (2-20 years in prison and $10,000 fine)
- Sale of 50 to 2,000 lbs – 1st degree felony (5-99 years in prison and $10,000 fine)
- Sale of more than 2,000 lbs – 1st degree felony (10-99 years in prison and $100, 000 fine).
Rick Oliver Law Firm
Rick was licensed to practice law in the state of Texas in 2007 and began his solo practice on June 1, 2008. Rick did not come from a family of wealth or of lawyers. When he started, he did not know a single attorney–let alone a criminal defense attorney–in the City of Houston. He built the foundation of a successful practice with little more than a code book and a can-do attitude.
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