Drug Charges

If you are in need of an experienced and aggressive Drug Defense Attorney in Texas, please call The Law Offices of Carl David Ceder, PLLC, at 214.702.CARL (2275) now.  

You may be shocked to find out that if you were simply riding in a car in which drugs were found, you — along with all the other passengers — may be arrested and charged with possession of a controlled substance.  The same applies if drugs were found in your home, even if you had did not have knowledge that your guest brought the drugs.  The Law Offices of Carl David Ceder, PLLC, will treat your situation with the utmost seriousness and an aggressive zeal, putting every ounce of his skill and knowledge to work for you with a goal of keeping your record clean.  

Possession

Generally speaking, in the state of Texas if you are found with less than four ounces of marijuana in your possession, you will be charged with a misdemeanor possession charge.  If you possess even a very minor amount of cocaine, you could be charged with a felony.  The Texas Health and Safety Code governs possession laws in Texas, and have divided all controlled substances (aside from marijuana, which has its own category) into five penalty groups.  Even though some of these drugs are technically legal, they become illegal should you not possess a valid prescription to possess them.  The table at the end of the page will provide specific details concerning penalty groups for each controlled substance.  

Section 1.07 of the Texas Penal Code defines possession as one who is in actual care, custody or control of the illegal substance.  This means that simply being close to illegal drugs is not sufficient to support a drug conviction.  The prosecution in your case is charged with proving beyond a reasonable doubt that you either intentionally or knowingly had care, custody, control or management of the drugs in question.  Therefore, if you were unaware of the presence of the substance, you are "Not Guilty" of the charge.

Manufacturing Drugs, Delivery of Drugs or Conspiracy

Delivery of drugs is defined as giving a controlled substance to another, whether or not you received any monetary compensation for the substance.  Under federal law, the most commonly charged delivery offense involves someone being in possession of a controlled substance with the “intent” to deliver.  This type of charge absolves the government from proving you actually delivered the controlled subject.  Instead, they need only "prove" you had intent to deliver.  Most often this "intent" is based on the quantity of drugs found, or your possession of cutting agents, baggies or scales.  Manufacturing of a controlled substance means the production of drugs, either by growing marijuana, or operating a methamphetamine lab.  Conspiracy to possess with the intent to distribute means you actually planned with others to possess or distribute a controlled substance and has nothing to do with actual possession or delivery.  Conspiracy can be the most serious type of drug charge, usually involving multiple defendants and large quantities of drugs, and can be incredibly complex.

Contact The Law Offices of Carl David Ceder, PLLC

Many times the best course of action to defend drug charges is to to challenge the seizure in a motion to suppress evidence hearing, which will challenge certain aspects of the state’s case in obtaining evidence.  Even if such a motion is unsuccessful, it may lead the prosecution to realize that perhaps the arresting officer was not 100% truthful, or the case has other material weaknesses.  As you are probably well aware, your charge of possession, delivery, manufacturing, or conspiracy can mean extremely serious consequences for your future.  Carl can help protect your rights if you have been charged with a drug crime, and knows what to do if your property has been seized as a result of a drug-related seizure.  Carl fights aggressively for his clients, acknowledging each client’s unique circumstances and helping them get the very best results possible.  He will work closely with you to determine the course of action that will make the most sense for your specific situation.  Call 214.702.CARL (2275) for further information. 

Penalty Group

Controlled Substance
1 Cocaine, Heroin, Methamphetamine, GHB, oxycodone and hydrocodone
1A LSD
2 Ecstasy, PCP and Mescaline
3 Valium, Xanax and Ritalin
4 Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

 Marijuana Possession:

Weight

Classification

Penalty
2 ounces or less Class B misdemeanor No more than 180 days in jail and/or a fine not to exceed $2,000
More than 2 ounces, less than 4 ounces Class A misdemeanor No more than 1 year in jail and/or a fine of not to exceed $4,000
More than 4 ounces, less than 5 pounds State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000
More than 5 pounds, less than 50 pounds Third-degree felony 2 to 10 years in a state prison and/or a fine not to exceed $10,000
More than 50 pounds, less than 2,000 Second-degree felony 2 to 20 years in a state prison and/or a fine not to exceed $10,000

More than 2,000 pounds

 Enhanced first-degree felony 5 to 99 years and a fine of not to exceed $50,000

 

The punishment ranges for the different Penalty Groups are as follows:

Possession - Penalty Group One

  • Life or 10 to 99 years if more than 400 grams
  • Life or 5 to 99 years if more than 200 grams but less than 400 grams
  • 2 to 20 years if more than 4 grams but less than 200 grams
  • 2 to 10 years if more than 1 gram but less than 4 grams
  • 180 days to 2 years if less than 1 gram

Possession -Penalty Group One A

  • Life or 15 to 99 years if 8000 units or more
  • Life or 5 to 99 years if more than 4000 units but less than 8000 units
  • 2 to 20 years if more than 80 units but less than 4000 units
  • 2 to 10 years if more than 20 units but less than 80 units
  • 180 days to 2 years if less than 20 units

Possession -Penalty Group Two

  • Life or 5 to 99 years if more than 400 grams
  • 2 to 20 years if more than 4 grams but less than 400 grams
  • 2 to 10 years if more than 1 gram but less than 4 grams
  • 180 days to 2 years if less than 1 gram

Possession -Penalty Group Three

  • Life or 5 to 99 years if more than 400 grams
  • 2 to 20 years if more than 200 grams but less than 400 grams
  • 2 to 10 years if more than 28 grams but less than 200 grams
  • 180 days to 2 years if less than 28 gram

Possession -Penalty Group Four

  • Life or 5 to 99 years if more than 400 grams
  • 2 to 20 years if more than 200 grams but less than 400 grams
  • 2 to 10 years if more than 28 grams but less than 200 grams
  • 180 days to 2 years if less than 28 grams

Manufacturing or Delivery Penalty Group One

  • Life or 15 to 99 years if more than 400 grams
  • Life or 10 to 99 years if more than 200 grams but less than 400 grams
  • Life or 5 to 99 years if more than 4 grams but less than 200 grams
  • 2 to 20 years if more than 1 gram but less than 4 grams
  • 180 days to 2 years if less than 1 gram

Manufacturing or Delivery Penalty Group One A

  • Life or 15 to 99 years if 4000 units or more
  • Life or 5 to 99 years if more than 80 units but less than 4000 units
  • 2 to 20 years if more than 20 units but less than 80 units
  • 180 days to 2 years if less than 20 units

Manufacturing or Delivery Penalty Group Two

  • Life or 10 to 99 years if more than 400 grams
  • Life or 5 to 99 years if more than 4 grams but less than 400 grams
  • 2 to 20 years if more than 1 gram but less than 4 grams
  • 180 days to 2 years if less than 1 gram

Manufacturing or Delivery Penalty Group Three

  • Life or 10 to 99 years if more than 400 grams
  • Life or 5 to 99 years if more than 200 grams but less than 400 grams
  • 2 to 20 years if more than 28 gram but less than 200 grams
  • 180 days to 2 years if less than 28 gram

FREE CONSULTATIONS — PAYMENT PLANS ACCEPTED

Carl David Ceder is an experienced Dallas Drug Charge Attorney who practices all over the Dallas Metroplex, including all of Dallas, Tarrant County, Collin County, Denton County, Rockwall County, Kaufman County, and all adjoining counties:

  • Dallas Criminal Drug Charge Attorney - Dallas, University Park, University Park, Grapevine, Garland, DeSoto, Irving, Carrollton, Addison, Duncanville, Richardson, Cedar Hill, Cockrell Hill, Coppell, Grand Prairie, Lancaster, Lewisville, Mesquite, Seagoville, Wilmer, Wylie
  • Tarrant County Criminal Drug Charge Attorney - Fort Worth, Southlake, Keller, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Grapevine, Flower Mound, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, Westlake, Saginaw, River Oaks
  • Collin County Criminal Drug Charge Attorney - McKinney, Plano, Garland, Allen, Dallas, Carrollton, Richardson, Fairview, St. Paul, Weston, Lucas, Melissa, Nevada, Westminster, Frisco, Celina, Murphy, New Hope, Prosper, Wylie
  • Rockwall County Criminal Drug Charge Attorney - Rockwall, Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rowlett, Royse City, Wylie, Munson, Blackland
  • Denton County Criminal Drug Charge Attorney - Dallas, Denton, Flower Mound, Fort Worth, Southlake, Hebron, Argyle, Justin, Lake Dallas, Plano, Bartonville, Coppell, Northlake, Carollton, Corinth, Hebron, Highland Village, Justin, Lakewood Village, Lewisville, Northlake, Prosper, The Colony, Westlake