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Drug Crimes Attorney in San Marcos, TX

Defending Your Rights In and Out of Court

The Texas legal system takes drug crimes very seriously. Even first-time offenders can face prison time, fines, and a permanent criminal record that impacts their future. If you have been accused of a drug crime or arrested for one, you need a San Marcos criminal defense attorney by your side every step of the way.

Our lawyers understand how overwhelming it can feel to be arrested on drug charges. However, it’s important to understand that you have many options, even after you’ve been charged. Our team will work tirelessly to investigate your case and look for legal ways to reduce or even remove the charges you are facing.

The team at Seymour & Vaughn is here to help you avoid severe penalties when you are facing drug charges. We have years of experience providing representation to the San Marcos community, and we are confident we can assist you. For more information and a free consultation about your case, please call us at 830-282-8751.

What Are the Most Common Drug Crimes in Texas?

The penalties for a drug crime conviction can vary depending on what you are charged with and which drugs the charge involves. In most cases, drug crimes are divided into misdemeanor and felony offenses. Misdemeanor offenses are typically less severe, while felony offenses have increased consequences.

The most common drug charges in Texas include:

  • Drug possession
  • Possession of a controlled substance with intent to sell, distribute, or manufacture
  • Tampering with or destroying evidence
  • Possession of marijuana
  • Possession of a dangerous drug
  • Falsely obtaining a controlled substance
  • Falsely prescribing controlled substances
  • Forging a prescription
  • Possession of a controlled substance in a correctional facility

Drug crimes committed near schools, government buildings, and childcare facilities may have additional penalties or categorizations. No matter what you are accused of, having illegal drugs on your person or in your possession can lead to jail time, fines, and more. Our team is prepared to create a legal defense strategy to reduce your penalties and keep you out of jail. Contact us today for more information.

What Are the Drug Schedules in Texas?

In Texas and most other states, illegal substances are classified into different drug schedules. The drug schedules align with different penalty groups that will affect your potential consequences. The classifications use metrics like how addictive the drug is, how dangerous the drug is, and whether or not the drug is used in a medical setting.

The Controlled Substances Act of 1970 documented controlled substances in different schedules. Schedule I is the most heavily regulated, while Schedule V is the least.

The drugs in each schedule include:

  • Schedule I: Marijuana, heroin, mushrooms, LSD, peyote, and ecstasy
  • Schedule II: Cocaine, morphine, Ritalin, methadone, OxyContin, PCP, and some barbiturates
  • Schedule III: Lorcet, anabolic steroids, Lortab, Vicodin, codeine, and ketamine
  • Schedule IV: Darvon, Xanax, and Valium
  • Schedule V: Cough suppressants that contain codeine and anti-diarrheal medications

What Are the Penalties for Drug Crime Convictions?

Texas divides drug crimes into different penalty groups. The more severe the penalty group, the more severe your consequences will be. Penalty groups depend on a few different factors, but they mainly rely on the type of drug in your possession when you are arrested.

The penalty groups include:

Penalty Group 1

The punishments for penalty group 1 start at fines of up to $10,000 and two years in jail. For drug possession of 400 grams or more, the penalties can extend to a $250,000 fine and life in prison. Most people facing penalty group 1 are found with Schedule I or Schedule II drugs.

Penalty Group 2

Penalty group 2 consequences range from two years in jail and a $50,000 fine to life in prison. You may face penalty group 2 if you are found with Schedule I or Schedule II drugs, including marijuana.

Penalty Group 3

In penalty group 3, defendants can face one year in jail and a fine of $4,000. For 200 grams or more, defendants may face 20 years in prison and fines of $10,000. Penalty group 3 includes opiates, sedatives, stimulants, and prescription medications.

Penalty Group 4

The penalties in penalty group 4 are similar to penalty group 3. You could face penalty group 4 if you are found with opiates, opioids, and some prescription drugs.

What Are the Collateral Consequences of Drug Crime Convictions?

Fines, probation, and imprisonment are all potential consequences when facing drug charges. However, there are other consequences that can have a huge impact on your future and your family. Collateral consequences may happen if you plead guilty or you are convicted.

Collateral consequences for drug crimes may include:

  • Difficulty securing housing
  • Difficulty getting hired for certain jobs, especially if they require a clean criminal history
  • Disqualification from obtaining some professional licenses
  • Ineligibility for government assistance, including subsidized housing, food stamps, and health care
  • Ineligibility to obtain federal or state education funding, including scholarships, grants, and loans
  • Inability to own or operate a firearm
  • Prohibition from voting, serving on a jury, or running for public office (for felony convictions)
  • A permanent criminal record that follows you for life

The best way to avoid these consequences is by working with a drug possession attorney on our team. No matter what charges you are facing, a drug lawyer in San Marcos can create a unique legal defense strategy to reduce or even remove your penalties. Contact our law office today to learn more.

How Do You Defend Against Drug Crime Charges?

Drug crime charges are serious. However, they don’t automatically mean you are guilty. By working with a drug lawyer in San Marcos, you can craft a defense to reduce your consequences or get your case thrown out. Our team will work tirelessly to examine the facts of your case and determine the right path forward for you.

Some common defense strategies for drug charges include:

Unlawful Search and Seizure

Many individuals are arrested for drugs after the police search their home or vehicle. Police officers must follow strict guidelines when searching a person’s home or possessions. If your rights were violated, our team could argue that the case against you is unlawful.

Violation of Rights

Even after you are arrested or detained, you still have rights under the law. You must be given time to contact an attorney, and you must be read your Miranda rights when interviewed by the police. If your rights were violated, an attorney on our team could contest the case against you.

Lack of Evidence

The prosecution has the burden of proof to show your guilt. Our attorneys will examine the evidence against you and push back on anything that is faulty or insufficient.

Do You Need a Drug Crimes Lawyer?

Being arrested for a drug crime can lead to serious consequences that impact the rest of your life. Both misdemeanor and felony charges can keep you from securing housing, finding a job, and more. If you are facing charges for any drug offenses, you need a San Marcos drug attorney on your side to fight for your rights.

Seymour & Vaughn has helped countless clients get the outcome they deserve in drug crime cases. We are confident that with our experience, we can help you, too. For more information and a free consultation about your case, please call us today at 830-282-8751.