Bellaire Drug Crime Lawyer

Drug Crime Attorney in Bellaire, TX

As in most U.S. states, controlled substances are unlawful in Texas. If you are arrested or charged with a drug crime, you may be facing hefty consequences. It may be tempting to attempt handling your case alone, but consulting with a Bellaire drug crime lawyer instead may prove invaluable. An experienced and skilled lawyer can help you throughout each phase of the criminal process.

While some firms encourage their clients to take a plea deal, at Segura & Kiatta, we prefer to examine the case carefully and help our clients secure their freedom. We have a thorough understanding of the criminal justice landscape in Texas because of our experience on both sides of the criminal justice system. You are in qualified hands if you choose us as your Bellaire criminal defense lawyer in your drug crime case.

Bellaire Drug Crime Statistics

While Bellaire remains a relatively safe and crime-free city, marijuana possession is an issue. In 2024, for example, a man was arrested for two counts of marijuana possession on Merrie Lane. Additionally, according to a Texas Department of Public Safety report, the Bellaire Police Department seized 11.74 pounds of marijuana.

Types of Drug Crime Cases in Texas

In Texas, several types of drug crimes may be penalized depending on factors such as the schedule of the drug, the type of crime, and the amount of the drug in question. Specifically, drugs are categorized by Schedules I-V, with Schedule I drugs being the most serious and Schedule V being the least. In Texas, drug crimes are further broken down into Penalty Groups 1-4, with group 1 being the most severe under Texas Penal Code Chapter 481.

Some of the most common drug crime cases that we litigate at Segura & Kiatta are possession, manufacturing, and distribution of controlled substances. These are some of the most commonly seized drugs in Harris County:

• Methamphetamine
• Cocaine
• Marijuana
• Opioids like Fentanyl
• Pharmaceutical drugs

Common Drug Crime Penalties

Drug crime penalties depend on the penalty group, the weight of the drug, the intention, and whether or not the drug crime was committed in a drug-free zone, such as a school or other place where children gather. If children are involved, the penalties may increase. The penalties for drug crimes in Texas may range from a Class C misdemeanor for Penalty Group 4 crimes to a first-degree felony for Penalty Group 1 crimes. Below are some examples:

• Possession, manufacturing, or delivery of a Penalty Group 1 drug. A first-degree felony for four to 200 grams, punishable by 10-99 years in jail and/or up to $100,000 in fines, depending on the crime
• Possession, manufacturing, or delivery of a Penalty Group 2 drug. A second-degree felony for one to four grams, punishable by two to 20 years in prison and up to $10,000 in fines.
• Possession of a non-prescription Penalty Group 3 drug. A third-degree felony for 28-200 grams, punishable by two to ten years in prison and up to $10,000 in fines.
• Possession of a Penalty 4 drug. A Class B misdemeanor for less than 28 grams, punishable by up to 180 days in jail, a $4,000 fine, or both.

When to Hire a Drug Crime Lawyer

Drug crime penalties in Texas can be harsh and swift. It is wise to hire a drug crime lawyer from Segura and Kiatta to handle your case. Whether you had a lapse in judgment, made an honest mistake, or were wrongly accused, a Bellaire drug crime attorney can build a solid defense for your case. Common defenses for drug crimes include:

• Lack of intent or knowledge of possession
• Proving an unlawful search and seizure
• Entrapment or had drugs planted
• Medical use or legal authorization
• Duress or being threatened to traffic or distribute controlled substances

FAQs

What Is the Penalty for Drugs in Texas?

The penalty for drugs in Texas depends on the drug schedule, penalty group, amount of possession, intent, prior offenses, and whether children were involved. In Texas, the Penalty Groups are 1A-4, with Group 1A being the most addictive and dangerous, and Group 4 being the least. Depending on the crime, you can be charged with a Class B misdemeanor up to a first-degree felony, which could mean spending life in prison and paying exorbitant fines.

What Is the 3 Felony Rule in Texas?

The three felony rule in Texas is officially named the Habitual Offender Statute and is codified under the Texas Penal Code Section 12.42. It increases sentencing for repeat felony convictions, including drug crime convictions. A person who violates the three felony rule may have their charges increased to serve 25 years to 99 years in prison.

What Is a First-Time Drug Charge in Texas?

A first-time drug charge is defined as a person’s first time being charged with a drug crime. A first-time drug charge may include possession, manufacturing, or delivering a controlled substance. First-time drug charge sentencing may be less severe than repeat offenses, but this is not always the case. If the first-time drug charge is severe, as in a first-degree felony, it may have a harsher penalty than a second offense for a lesser crime.

What Are the Three Types of Possession?

The three types of possession in Texas are possession, possession with intent to deliver, and possession of paraphernalia. Possession with intent to deliver is a more severe crime than simple possession and typically involves higher amounts of the controlled substance. Generally, though, the penalties are determined by the drug schedule and amount. Your Segura & Kiatta attorney can help clarify this in your specific circumstances.

Contact Segura & Kiatta for a Consultation

Facing a drug crime charge can be disheartening, leaving you unsure of your future. However, you are not alone. At Segura & Kiatta, we are here to help you with your case and believe you deserve a fair chance at receiving justice. Contact us today for a consultation and learn more about how we can represent you and protect your rights.