Drugs: Drug arrests for controlled substance or marijuana possession require a serious criminal defense from a reputable Texas drug crimes attorney.





Texas Drug Crimes

Criminal Attorney for Drug Charges in Dallas and Collin County (McKinney)


             If you are arrested in Dallas or Collin County for a criminal drug charge such as possession of marijuana, a controlled substance, or a "dangerous drug" (prescription medication), you need a criminal defense attorney who has negotiated dozens of drug charge dismissals, pretrial diversions agreements for marijuana possession, and reductions to Class C misdemeanors with deferred adjudication (allowing it to be expunged from your record). Plano defense attorney Andrew Peveto routinely negotiates stellar plea bargains, charge reductions, and even wins drug crime cases at trial in Dallas and Collin County (McKinney).
Texas Drug crimes attorney Andrew Peveto can help

     What to Consider When Choosing a Drug Crimes Attorney:

  • You want a Texas criminal defense attorney for drug crimes who knows the Collin County prosecutors and judges - and who has taken several drug possession cases to trial and won.
  • Police in Dallas, Plano, McKinney and Frisco often make mistakes during drug arrests. If the police violated your Constitution rights, we can get your Dallas or Collin County drug charges dismissed.
  • At Peveto Law, we are dedicated to providing the best possible legal defense to Texas drug charges such as Marijuana Possession , Texas Controlled Substance charges, and Possession of a Dangerous Drug arrests.
  • For years we have achieved outstanding results for clients with Texas drug charges - often getting their drug case dismissed or the charges allowing our clients to keep their crim-inal record clean of any Texas drug convictions.

Possession of Marijuana

Successful Marijuana Possession Defense - Peveto Law

               Because marijuana possession in Texas is classified as a "drug crime", a seemingly harmless Class B Misdemeanor charge of Possession of Marijuana less than 2 ounces can ruin your future. That's why you need an experienced Texas Criminal Defense Attorney who is skilled at defending Texas possession of marijuana charges and mindful of protecting your criminal record for the future.  At Peveto Law, we want to get your Texas Possession of Marijuana charge dismissed, reduced, or have you found not guilty - so that you can put this incident behind you and get on with your life without anyone ever finding out.
possession of marijuana laws in Texas

     

 

Texas Marijuana Laws - Marijuana Possession

 

              A Possession of Marijuana charge will be classified as either a felony or a misdemeanor depending on the amount of marijuana alleged to be in your possession. The most common marijuana charge in DFW is the Class B misdemeanor variety - for Marijuana Possession of less than 2 ounces. The breakdown of punishment ranges under Texas law is as follows:

 
  • possession of less than 2 oz. of marijuana is a class B misdemeanor;
  • possession of more than 2 ounces - but less than 4 ounces of marijuana is a class A misdemeanor;
  • possession of more than 4 oz. and less than five pounds of Marijuana is a state jail felony.

  

            Section 481.121 of the Texas Health and Safety Code defines what it means to "possess" marijuana in Texas and spells out the possible range of punishment for a conviction on possession of marijuana charges. A person commits the offense of "possession of marijuana" if he/she "knowingly or intentionally possesses a usable quantity of marijuana." If you have been arrested or charged with Possession of Marijuana in Dallas or Collin County (McKinney), contact us today for a confidential free consultation.

Marijuana Delivery or Sale

 

Peveto Law Defends Clients charged with Sale or Delivery of Marijuana in Dallas and Collin County (McKinney)

           In Texas, the offense of Delivery of Marijuana is addressed in Section 481.120, Texas Health and Safety Code. Under the Texas Penal Code (provided below), you could potentially face the following g>harsh punishments for Sale or Delivery of Marijuana in Texas. Of course, my job as a McKinney Defense Attorney and DFW Criminal Lawyer is to either have you found not guilty of Marijuana Delivery or to get these Marijuana Delivery Punishments significantly reduced. At Peveto Law, we have success keeping marijuana delivery off your record. Delivery of marijuana punishments and penalties:
Texas Delivery of Marijuana Law
 
  • Delivery of less than one quarter ounce of marijuana is a Texas Class B misdemeanor if the marijuana delivery is made without compensation;
  • Sale or Delivery of less than one quarter ounce of marijuana is a Texas Class A misdemeanor if the marijuana delivery is for compensation;
  • Delivery or sale of more than one quarter ounce of marijuana, but less than five pounds of marijuana is a Texas state jail felony;
  • Sale or delivery of more than five pounds of marijuana but less than 50 pounds of marijuana is a 2nd degree felony in Texas;
  • delivery of more than 50 pounds of marijuana and less than 2000 pounds of marijuana is a 1st degree felony;
  • more than 2000 pounds of marijuana is life imprisonment - or a term of 10 to 99 years and a fine not to exceed $100,000

Controlled Substances

 

Controlled Substance Attorney for Dallas and Collin County (McKinney)

           A conviction for possession of a controlled substance is a horrible conviction to have on your record because it is classified as a Texas "drug crime." Accordingly, a controlled substance conviction will make it difficult for you to rent an apartment, impossible for you to receive financial aid from the government, and will close the doors of many employment opportunities. The good news is that, at Peveto Law, we routinely defend controlled substance cases with success. If you have been arrested for a controlled substance misdemeanor or felony in Dallas, Collin County (Plano, Frisco, McKinney), Denton or Tarrant County (Fort Worth) and would like a free consultation regarding your Texas controlled substance charge, contact us today.
Controlled Substance possession in Texas

Texas Controlled Substance Laws

 

                Texas Controlled Substance Penalties are severe, but fortunately there are many nuances and exceptions in the statutes and Texas case law that can sometimes make it difficult for the prosecutors to prove their case. Andrew Peveto has had many controlled substance charges dismissed or reduced, always making sure that the charge cleared from your permanent record when possible. Considering that the Texas controlled substance penalties are severe for possession of just one adderall, ritalin, hydrocodone, xanax, or valium tablet without a valid prescription, make certain you hire the right attorney.  The consequences of controlled substance possession in Texas are governed by the Controlled Substance Penalty Groups and schedules of controlled substances. The more common Controlled Substances found in each of the Controlled Substance Penalty Groups are as follows:

 
  • Penalty Group 1 includes: codeine, heroin, morphine, opium among others.
  • Penalty Group 2 includes: amphetamines, mescaline, and hallucinogenic substances;
  • Penalty Group 3 includes: Phenobarbital, stimulants affecting central nervous system, and depressants affecting central nervous system; and
  • Penalty Group 4 includes: anabolic steroids among others

Controlled Substance Penalty Groups - Punishment Ranges

 

             Punishment and Penalties for Possession of Controlled Substance are set out in Sections 481.115, 481.116, 481.117, and 481.118, Texas Health and Safety Code, which vary the offense and punishment for controlled substance possession based upon two factors: the type of controlled substance possessed and the quantity of the controlled substance involved in the offense. Section 481.032, Texas Health and Safety Code, contains long lists of Texas controlled substances that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year.

Texas Controlled substances in Penalty Group 1 – Section 481.115, Texas Health and Safety Code, deals with Penalty Group 1 controlled substance offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine. Texas Controlled Substances in Penalty Group 1A –  Section 481.1151, Texas Health and Safety Code, deals with Penalty Group 1-A controlled substance offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 3rd degree felony; number of abuse units more than 80 and less than 4000 is a 2nd degree felony; more than 4000 units and less than 8000 units is a 1st degree felony; and more than 8000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine.
Texas Controlled Substances in Penalty Group 2 – Section 481.116, Texas Health and Safety Code, deals with Penalty Group 2 controlled substance offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.
Texas Controlled Substances in Penalty Group 3 – Section 481.117, Texas Health and Safety Code, deals with Penalty Group 3 controlled substance offenses: less than 28 grams is a Class A misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.
Texas Controlled Substances in Penalty Group 4 – Section 481.118, Texas Health and Safety Code, deals with Penalty Group 4 controlled substance offenses: less than 28 grams is a Class B misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.

Possession of a Dangerous Drug

Class A Misdemeanor Possession of a Dangerous Drug

 

 You need to take your court case very seriously if you are charged with Class A Misdemeanor Possession of a Dangerous Drug (usually Ritalin, Xanax, or an equivalent). A dangerous drug is defined in the Texas Controlled Substance Act as any Controlled Substance that is unsafe for self medication and that IS NOT included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (The Texas Controlled Substance Act).

Class A Misdemeanor Possession of a Dangerous Drug

     Texas Dangerous Drug Possession Law:   To find you guilty of misdemeanor Possession of a Dangerous Drug, the prosecutor has to prove beyond a reasonable doubt that you: (1) intentionally and knowingly (2) had actual or constructive possession (3) of a "dangerous drug" (4) and that you did not legally obtain the drug from a pharmacist. You need to consult with an experienced and accomplished Drug Defense Lawyer to make sure you do not end up with Drug Possession Conviction on your permanent record. We do these all the time, and we have had great success both at trial and in favorable plea bargains for pretrial diversion. Contact us today for a free consultation.