Houston Drug Trafficking Lawyer

Aggressive Representation for Drug Trafficking Charges

Drug trafficking charges in Texas are treated very seriously by the courts and are aggressively prosecuted. If you or a loved one is facing drug trafficking charges, you need to speak with an experienced drug trafficking defense lawyer as soon as possible.

At the Law Office of John C. Caldwell, we have experience helping clients in Houston and the surrounding areas fight drug trafficking charges. We are well-versed in the complexities of state and federal drug laws and can provide the strong legal representation you need. Our Houston drug trafficking defense attorney has a complete understanding of the differences between drug possession, drug distribution, and drug trafficking offenses in Texas and can help you make well-informed decisions every step of the way.

Call our office today at (361) 348-8483 or online to schedule a free and confidential consultation with a drug trafficking defense attorney in Houston.

What Is Drug Trafficking in Texas?

Drug trafficking refers to the illegal sale, transport, and import of illegal drugs. In Texas, it is a serious crime and is treated as a felony. The severity of the charges and the penalties depend on various factors, such as the type of drug involved, the amount of drugs involved, and the location of the offense.

It is important to note that drug trafficking charges can be brought against you even if you are not directly involved in the transport of drugs. For example, if you are caught selling drugs, you can be charged with drug trafficking if the amount of drugs in your possession exceeds a certain threshold.

Drug Trafficking Laws in Texas

Drug trafficking crimes can be prosecuted under the Texas Penal Code and federal law. The specific charges and penalties will depend on the type of drug involved and the amount of drugs involved.

Drug Trafficking Under Texas Law

Under Texas law, drug trafficking is typically referred to as drug delivery or delivery of a controlled substance. The charges and penalties for these crimes are as follows:

Delivery of a Controlled Substance – Penalty Group 1

• 4 grams or more but less than 200 grams: Second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000
• 200 grams or more but less than 400 grams: First-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000
• 400 grams or more: Enhanced first-degree felony punishable by 10 to 99 years or life in prison and a fine of up to $100,000

Delivery of a Controlled Substance – Penalty Group 1-A

• Less than 20 units: Third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000
• 20 units or more but less than 80 units: Second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000
• 80 units or more: First-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000

Delivery of a Controlled Substance – Penalty Group 2

• Less than 1 gram: State jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000
• 1 gram or more but less than 4 grams: Second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000
• 4 grams or more but less than 400 grams: First-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000
• 400 grams or more: Enhanced first-degree felony punishable by 10 to 99 years or life in prison and a fine of up to $100,000

Delivery of a Controlled Substance – Penalty Group 3

• Less than 28 grams: Third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000
• 28 grams or more but less than 200 grams: Second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000
• 200 grams or more but less than 400 grams: First-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000
• 400 grams or more: Enhanced first-degree felony punishable by 10 to 99 years or life in prison and a fine of up to $100,000

Delivery of a Controlled Substance – Penalty Group 4

• Less than 28 grams: State jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000
• 28 grams or more but less than 200 grams: Second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000
• 200 grams or more but less than 400 grams: First-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000
• 400 grams or more: Enhanced first-degree felony punishable by 10 to 99 years or life in prison and a fine of up to $100,000

Drug Trafficking Under Federal Law

Drug trafficking can also be prosecuted under federal law. The charges and penalties for these crimes are as follows:

21 U.S.C. § 841(b)(1)(A)

• 500 grams or more of methamphetamine, 5 kilograms or more of cocaine, 100 grams or more of PCP, or 1 kilogram or more of a mixture or substance containing a detectable amount of heroin, fentanyl, fentanyl analogue, or LSD: Not less than 10 years or more than life in prison and a fine of up to $10,000,000
• 2,500 grams or more of methamphetamine, 25 kilograms or more of cocaine, 500 grams or more of PCP, or 5 kilograms or more of a mixture or substance containing a detectable amount of heroin, fentanyl, fentanyl analogue, or LSD: Not less than 20 years or more than life in prison and a fine of up to $20,000,000

21 U.S.C. § 841(b)(1)(B)

• 50 grams or more of methamphetamine, 500 grams or more of cocaine, 10 grams or more of PCP, or 100 grams or more of a mixture or substance containing a detectable amount of heroin, fentanyl, fentanyl analogue, or LSD: Not less than 5 years or more than 40 years in prison and a fine of up to $5,000,000
• 280 grams or more of crack cocaine: Not less than 10 years or more than life in prison and a fine of up to $10,000,000

21 U.S.C. § 841(b)(1)(C)

• Less than 50 grams of methamphetamine, 500 grams or more of cocaine, 10 grams or more of PCP, or 100 grams or more of a mixture or substance containing a detectable amount of heroin, fentanyl, fentanyl analogue, or LSD: Not more than 20 years in prison and a fine of up to $1,000,000
• Less than 280 grams of crack cocaine: Not more than 30 years in prison and a fine of up to $2,000,000

21 U.S.C. § 841(b)(1)(D)

• Any amount of a Schedule I or II drug that is not specified in another penalty category: Not more than 5 years in prison and a fine of up to $250,000 for an individual or $1,000,000 for an organization

These are just the federal penalties for drug trafficking. The penalties can be much more severe if certain factors are present, such as if the offense occurred within a certain distance of a school, public park, or public housing.

How to Fight Drug Trafficking Charges

If you are facing drug trafficking charges, there are several possible defenses that can be used to fight the charges. The defense strategy that will work best for your case will depend on the specific circumstances. An experienced drug trafficking defense attorney can help you determine the most appropriate defense strategy for your case.

Some possible defenses for drug trafficking charges include:

• Lack of knowledge: You did not know the drugs were in your possession. If you were unaware that you were transporting drugs, you may be able to avoid a conviction.
• Lack of intent: You did not intend to transport drugs. If you were transporting a package that allegedly contained drugs, you may be able to avoid a conviction if you can show that you did not intend to transport drugs.
• Unlawful search and seizure: The police violated your Fourth Amendment rights. If the police searched you, your vehicle, or your home without a valid warrant or probable cause, any evidence obtained as a result of the search may be inadmissible in court.
• Entrapment: You were set up by law enforcement. If the police used an undercover officer or confidential informant to entice you to commit a drug trafficking crime, you may be able to use the defense of entrapment.
• You were the victim of mistaken identity: You were mistakenly identified as the person who committed the drug trafficking crime. If you were mistakenly identified as the person who committed the offense, you may be able to avoid a conviction.
• The drugs were planted: The drugs were planted by someone else. If someone else planted the drugs in your vehicle or home, you may be able to use this defense to avoid a conviction.

Why Choose the Law Office of John C. Caldwell?

At the Law Office of John C. Caldwell, we understand the serious consequences that come with a drug trafficking conviction. If you are convicted of drug trafficking, you may be facing significant fines and a lengthy prison sentence. You may also face a loss of your professional license, a loss of child custody, and difficulty finding employment. Our Houston drug trafficking defense lawyer is committed to providing the strong legal representation you need to fight the charges. We can investigate the circumstances of your arrest and the evidence against you in order to build a strong defense strategy. Our legal team will work diligently to protect your rights and help you achieve the best possible outcome in your case.

Schedule a Free Consultation Today

Whether you have been accused of drug trafficking or are currently under investigation, it is important to retain the services of a skilled drug trafficking defense attorney as soon as possible. Our Houston drug trafficking defense lawyer can help you understand your legal options and provide the strong legal representation you need to fight the charges. We offer a free consultation to discuss your case and answer your questions. We are also available 24/7 to assist you.

Contact the Law Office of John C. Caldwell today at (361) 348-8483 to speak with a drug trafficking defense lawyer in Houston. We represent clients in Pearland, Houston, and the surrounding areas.