Aggressive Defense Against Drug Charges in Texas
Texas enforces some of the toughest drug laws in the country. A drug charge can lead to life-changing consequences, including heavy fines, jail or prison time, and a permanent criminal record. Whether you’re accused of possessing a small amount of marijuana or facing federal drug trafficking charges, you need a Frisco drug crimes lawyer to protect your rights and fight for the best possible outcome.
At Whalen Law Offices, we defend individuals across Texas, including in Sherman, Frisco, Dallas, and surrounding areas. Our firm has successfully represented clients in a wide range of drug cases.
A mistake or misunderstanding—particularly on the part of the authorities— should not define your future. Contact us today for a free consultation, and let us start building your defense.
Table of Contents
Types of Drug Crimes We Defend
Whalen Law Offices defends clients against a wide range of drug-related offenses, including:
Drug Possession
Possessing a controlled substance without a valid prescription or legal authorization can result in serious consequences. Texas law categorizes drugs into penalty groups, which determine the severity of charges and potential penalties.
Possession cases commonly involve:
- Marijuana: Although many states have legalized marijuana, Texas still treats it as an illegal substance. Even a small amount can lead to criminal charges.
- Cocaine: Possession of cocaine is a felony offense, even in small amounts, and carries severe penalties.
- Methamphetamine: Texas law treats meth possession as a felony, often resulting in lengthy prison sentences.
- Heroin: Possession of heroin, even in trace amounts, can lead to felony charges and significant prison time.
- Prescription Drugs: Having medications such as OxyContin, Xanax, or Adderall without a valid prescription can result in criminal charges.
Drug Manufacturing and Cultivation
Producing illegal substances or cultivating prohibited plants, such as marijuana, is a serious offense in Texas. Law enforcement aggressively prosecutes individuals accused of manufacturing drugs, often seeking maximum sentences.
Charges may apply to:
- Growing marijuana plants
- Operating a meth lab
- Manufacturing synthetic drugs
- Producing illegal prescription medications
Drug Distribution and Trafficking
Selling, transporting, or distributing controlled substances carries much harsher penalties than possession. The state considers several factors when determining whether someone intended to distribute, including:
- The amount of the drug found
- Possession of packaging materials, scales, or large amounts of cash
- Witness statements or undercover law enforcement operations
Even sharing a small amount of a controlled substance with someone else could lead to distribution charges.
Prescription Fraud
Illegally obtaining or distributing prescription medications is a growing concern in Texas.
Charges may apply to individuals who:
- Forge prescriptions or alter legitimate ones
- Visit multiple doctors to obtain multiple prescriptions (“doctor shopping”)
- Sell or distribute prescription drugs without proper authorization
Healthcare professionals accused of issuing fraudulent prescriptions may also face criminal charges.
Federal Drug Charges
Some drug offenses fall under federal jurisdiction, which often results in harsher penalties. A case may be prosecuted in federal court if it involves:
- Large quantities of controlled substances
- Drug activity crossing state or international borders
- Drug-related offenses involving weapons or organized crime
Federal drug convictions often come with mandatory minimum sentences, making strong legal representation even more important.
At Whalen Law Offices, we have extensive experience defending clients against drug-related charges across Texas, including in Fort Worth, McKinney, and Denton.
A strong defense starts with an experienced attorney who knows how to challenge the prosecution’s case. If you or a loved one is facing drug charges, contact us today for a free consultation.
Texas Drug Laws Overview
Texas drug laws impose harsh penalties, but several factors influence how the court will handle the case.
Classifications of Controlled Substances
Texas follows a penalty group system, categorizing drugs based on their potential for abuse and medical use.
For example:
- Penalty Group 1: Heroin, cocaine, methamphetamine
- Penalty Group 2: Ecstasy, PCP, LSD
- Penalty Group 3: Xanax, Valium, Ritalin
- Penalty Group 4: Some prescription medications with a lower risk of abuse
Penalty Groups and Sentencing Ranges
Drug offenses are classified as misdemeanors or felonies based on the amount of the substance and prior convictions. Penalties can range from fines and probation to years—or even life—in prison.
State vs. Federal Jurisdiction
State courts handle most drug crimes, but federal charges apply when large quantities, weapons, or interstate trafficking are involved. Federal convictions typically carry harsher penalties than state offenses.
Recent Changes to Texas Marijuana Laws
While Texas has slightly relaxed laws on hemp and medical marijuana, recreational marijuana remains illegal. Prosecutors still pursue possession charges, despite evolving attitudes nationwide.
Texas Drug Crimes Defense Strategies
A strong defense can mean the difference between a conviction and a reduced or dismissed charge.
The attorneys at Whalen Law Offices examine every case detail to identify weaknesses in the prosecution’s argument. Several defense strategies may apply depending on the circumstances of the arrest, the evidence, and potential violations of constitutional rights.
Constitutional Rights Violations (Illegal Search and Seizure)
Law enforcement must follow strict procedures when conducting searches and seizures. If officers searched a person’s home, car, or belongings without probable cause, a warrant, or legal justification, any evidence they obtained could be inadmissible in court.
The Fourth Amendment protects individuals from unlawful searches, and a violation of this right can lead to dismissed charges.
Challenging Police Procedures
Arrests must be handled according to legal protocols. If law enforcement failed to properly inform someone of their rights, coerced a confession, or mishandled evidence, we could weaken the case.
Common procedural issues include:
- Failure to read Miranda rights
- Arrests based on unreliable informants or false reports
- Use of excessive force or intimidation tactics
- Violations of due process
Questioning Evidence Handling and Testing
Drug-related charges rely on the prosecution proving that a substance is illegal and that it belonged to the accused. Evidence must go through proper handling and testing procedures to ensure its validity.
Potential weaknesses in the prosecution’s evidence include:
- Mishandling of drug samples in crime labs
- Cross-contamination or mislabeling of substances
- Chain-of-custody errors that make evidence unreliable
- Inability to prove the accused had knowledge or control of the drugs
If the prosecution cannot establish that the seized substance was an illegal drug or that it belonged to the defendant, the court may dismiss the case or reduce the charges.
Negotiating Plea Agreements
Not every case goes to trial. In some situations, negotiating a plea agreement may result in lesser charges or a reduced sentence. An experienced attorney can push for alternatives such as probation instead of jail time, especially for first-time offenders.
Alternative Defense Options
Not all drug-related cases end with a conviction or jail time. Texas offers several alternative sentencing options that focus on rehabilitation rather than punishment.
Individuals facing drug charges, particularly first-time offenders or those struggling with substance abuse, may qualify for these programs.
Whalen Law Offices helps clients explore every possible alternative to avoid the most severe penalties.
Pretrial Diversion Programs
Pretrial diversion allows eligible individuals to avoid prosecution by completing a court-approved program.
These programs typically include:
- Substance abuse education or treatment
- Community service
- Regular drug testing
- Probation supervision
If a person completes a program, the court may dismiss the charges. This option helps individuals avoid a criminal record and the long-term consequences of a conviction.
Drug Rehabilitation Programs
Courts may allow individuals with substance abuse issues to enter a rehabilitation program instead of serving time in jail or prison. Participation in a court-ordered drug treatment program can demonstrate a commitment to recovery, which may lead to reduced charges or alternative sentencing.
Plea Agreements
When dismissal is not possible, negotiating a plea agreement may lead to a lesser charge or reduced penalties. A strong legal defense can help secure probation, community service, or other alternatives to incarceration.
Plea deals can also prevent felony convictions, which have long-term consequences on employment, housing, and other areas of life.
First-Time Offender Programs
First-time offenders may qualify for deferred adjudication, which allows them to complete probation without receiving a formal conviction. If all conditions are met, the charges do not result in a permanent criminal record.
Every case is different, and eligibility for these programs depends on the type of drug charge, prior criminal history, and the county where the prosecutors bring the case.
Common Mistakes to Avoid After a Drug Arrest
A drug-related arrest can be overwhelming, but the actions taken immediately afterward can significantly impact the outcome of the case. Many people unknowingly make mistakes that jeopardize their defense. Avoiding these common pitfalls can help protect your rights and improve the chances of a favorable resolution.
Talking to Law Enforcement Without a Lawyer
Law enforcement officers often ask questions to gather evidence for the prosecution. Many people believe they can explain the situation and clear up misunderstandings, but anything said to the police can be used against them.
Officers may also twist statements or take them out of context. Always remain silent and request an attorney immediately.
Consenting to a Search Without a Warrant
Police officers sometimes ask for permission to search a home, vehicle, or personal belongings. Even if nothing illegal is present, consenting to a search allows law enforcement to build a case.
Without a valid search warrant or probable cause, do not allow the officers to search you or your property. Politely refuse and request legal representation.
Posting on Social Media
Many people discuss personal matters on social media, but after an arrest, online activity can harm a defense.
Prosecutors can use posts, photos, and messages as evidence in court. Even seemingly unrelated content can be misinterpreted and used to suggest guilt. It is best to avoid social media entirely while a case is pending.
Missing Court Dates
Failing to appear in court can result in additional charges, a warrant for arrest, and a more difficult legal process.
Courts view missed appearances as a sign of irresponsibility or guilt. Always attend all scheduled hearings and comply with court orders.
Discussing the Case With Friends or Family
Conversations with friends, family members, or cellmates are not protected by attorney-client privilege. Prosecutors can call others to testify about statements made outside of legal counsel. Only discuss the case with an attorney.
Assuming Guilt or Accepting a Plea Deal Without Legal Advice
Some individuals believe their case is hopeless and plead guilty without understanding the consequences. A conviction can result in jail time, fines, and a permanent criminal record that affects employment, housing, and other aspects of life. An attorney can reveal possible defense strategies, alternative sentencing options, or weaknesses in the prosecution’s case.
Delaying Hiring a Lawyer
Waiting to hire an attorney allows prosecutors to build a stronger case. Early legal intervention can lead to dismissed or reduced charges. An experienced Texas drug crime lawyer can challenge evidence, negotiate with prosecutors, and work toward the best possible outcome.
Why Choose Whalen Law Offices?
A drug conviction can change your life forever.
At Whalen Law Offices, we fight aggressively for our clients by providing:
- Texas-Specific Drug Crime Experience: We understand how local courts handle drug offenses and build defense strategies tailored to Texas law.
- Knowledge of Local Courts and Prosecutors: Our firm has handled cases in cities throughout North Texas.
- Award-Winning, Board-Certified Representation: Our attorneys have earned national recognition as among the top defense attorneys in the country. We also have attorneys who hold board certification in criminal law and criminal appellate law from the Texas Board of Legal Specialization.
- Personalized Defense Strategies: We develop tailored defense approaches based on your specific situation.
Texas Drug Crime FAQ
What should I do if arrested for drug possession?
Remain silent and request an attorney. Do not discuss your case with the police.
Can I get a drug charge expunged in Texas?
Some drug offenses qualify for expungement or record sealing, but eligibility depends on the case.
What’s the difference between possession and intent to distribute?
Possession involves having drugs for personal use, while intent to distribute suggests selling or delivering.
How do drug court programs work?
Drug courts offer treatment-focused alternatives for eligible offenders, potentially reducing penalties.
What are the consequences for a first-time offense?
Penalties vary but may include fines, probation, community service, or jail time. Some first-time offenders qualify for diversion programs.
Contact Our Texas Drug Crime Attorneys Now
A drug charge does not have to define your future. Frisco, TX criminal defense attorneys at Whalen Law Offices is ready to fight for you. Call today at (214) 368-2560 for a confidential consultation and take the first step toward protecting your rights.
Whalen Law Office – Frisco Office
9300 John Hickman Pkwy #501
Frisco, Texas 75035
