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Understanding Drug Manufacture & Delivery & Texas Felony Law

Posted on August 21, 2018 by Lady Lawyer

Drug trafficking is a very serious offense in Texas and can hand you life imprisonment if you are proven guilty. Manufacturing and doing drug deliveries in Texas is a criminal offense under the Texas law. The punishment can be severe if you get caught with large amounts of drugs. In Texas, delivering drugs is treated as selling regardless of whether money is involved or not but if you are carrying small quantities of cannabis then you will be on the safe side of the law. The police department in Texas works 24hours a day to ensure no drug deliveries take place. In case you get charged with drug delivery offense in Texas you will need an experienced defense attorney since there are high chances you will be in jail.

What are the delivery and manufacturing of drugs convictions?

The drugs offenses in Texas have serious consequences when you are found guilty and since the police departments invest a lot in investigations and the courts give the case’s priority. Winning a drug delivery case in Texas may be seen as being lucky, looking at the history of people who have won the cases against those have gone to jail.

Texas Drug Court

The punishment for the drugs crime in Texas depends heavily on the number of drugs and the facts presented before the judge. The probability of a drug seller suspect ending up in jail is very high especially for the first-degree felony or the enhanced first-degree offense. There are various jailing options that the judge can consider such as community supervision especially if small amounts of drugs are involved.

Sometimes the judge might also give the suspect a community supervision sentencing and at the same time give a 3-6 months jail term. The sentencing will undoubtedly count on the evidence before the judge and how the defense attorneys will defend their client. That means when you don’t have a good defensive team you might end up serving a lengthy jail term.

In case a person is found guilty of delivering drugs and more so to children, he/she might not qualify for community supervision and may even result in additional five years in jail.

What are the defense strategies you can apply for delivery and manufacturing felony?

Defense strategies are always vital if you wish to win a drug case in Texas and avoid the severe punishments that might befall you when finding guilty. There are various ways the defense attorneys can use and stand a high chance of winning the case. The strategies are as follows;

  • The first strategy the defense attorney’s use in court is to challenge the identity of the person arrested for transporting drugs. The defense team works hard to convince the court that the person brought to court as the suspect was a mistaken identity. Once the police fail to prove that they arrested the right person, then the suspect may walk free after if the judge gets convinced.
  • Challenging the legality of the police search and prove that they violated the Fourth Amendment Protection Act which protects any person against unreasonable seizure and search. You can easily win the drug crime case once your defense team proves that your rights were violated during, before or after the arrest.
  • The defense team can also challenge the credibility of the police confidential informants who might have had a role to play in the investigation of the drug case. For instance, the defense attorneys can successfully prove that the informants might have been biased in their reports and if the court is convinced winning the case becomes easy.

Texas State has punitive laws that are aimed at fighting the drug use and selling. It’s very rare to win a drug case in Texas once you get arrested if you don’t hire an experienced Texas criminal defense attorney.

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