Just because you were arrested by Texas state police or a local sheriff, that does not mean your case will be heard in state court. Depending upon the nature of the crime, whether it occurred across state or national borders, the amount of drugs involved, and other factors, your drug case could be heard in federal court.
Effective Defense Against Serious Charges
If you have been charged with a felony drug crime in Texas, contact Houston drug crimes defense attorney Frank Rubino. For more than 30 years, Mr. Rubino has been defending people facing felony drug charges in Texas and internationally. He focuses his law practice on defending clients most at risk for lengthy prison sentences.
He has handled numerous high-profile drug cases for clients throughout Texas, including Houston, Dallas, McAllen, McKinney, San Antonio, Laredo and towns along the southern border of Texas.
Mr. Rubino has had significant success getting acquittals or reduced charges for clients charged with participating in a criminal enterprise, drug smuggling of cocaine, heroin, marijuana, meth, ecstasy and other drugs, and other charges that often accompany drug crimes, such as:
- Money laundering
- Weapons violations
What Are Felony Drug Offenses?
You need an experienced drug crimes defense lawyer if you are facing criminal charges for a felony drug offense such as:
- Drug cultivation
- Drug manufacturing
- Drug trafficking
- Internet drug sales (including illegal sale of prescription drugs, sale of knock-off or fake prescription drugs, sale of controlled substances like steroids or human growth hormone, sale of precursor chemicals used in the manufacture of other drugs, like methamphetamines)
- Intent to sell (if you are charged with having a large amount of drugs in your possession but there is no evidence that a sale has occurred)
Prosecution of Drug Crimes
If you are charged in Texas criminal courts, you will be prosecuted by the county district attorney at the county courthouse. If you are convicted, you face penalties under Texas drug crimes guidelines, which are typically not as harsh or as cut-and-dried as federal sentencing guidelines. That does not mean the penalties in Texas are not harsh.
The penalties you face for a Texas drug conviction will vary depending upon the type of drug in your possession or control, the amount of the drug or substance, whether you distributed the drug or took it across state lines, whether there was injury or death because of your distribution of the drug, and other factors.
Schedule of Controlled Substances in Texas
All illegal drugs and chemicals are listed in the Texas Schedule of Controlled Substances. Unlawful possession or distribution of drugs or chemicals listed in Schedules 1 and 2 are felony offenses. Small amounts of controlled substances in Schedules 3 and 4 may be charged as a misdemeanor, but sales, drug cultivation or manufacturing, and drug trafficking will be charged as felony drug offenses in Texas state or federal courts.
Potential Penalties for Texas Felony Drug Cases
Felony drug crimes are divided into five levels:
- Capital felony punishment: Death penalty or imprisonment in the Texas Department of Criminal Justice for life without parole or until death.
- First-degree felony punishment: 5 years to life in prison. Additionally, the person convicted of a first-degree felony in Texas can be fined up to $10,000.
- Second-degree felony punishment: 2 to 20 years in prison. Additionally, the person convicted of a second-degree felony in Texas can be fined up to $10,000.
- Third-degree felony punishment: 2 to 10 years in prison. Additionally, the person convicted of a second degree felony in Texas can be fined up to $10,000.
- State jail felony punishment: 180 days to 2 years in state jail. Additionally, the person convicted of a second-degree felony in Texas can be fined up to $10,000. If a deadly weapon was involved during or after the offense, or the person charged was guilty of a prior felony conviction, the state felony may be bumped up to a third-degree felony.
Contact Houston Criminal Defense Attorney Frank A. Rubino, Esq.
For strong, experienced defense in the face of felony state or federal drug charges, contact the Houston law office of defense attorney Frank Rubino or call toll free at 866-718-3994. Mr. Rubino also has an office in Miami, Florida.