Hidalgo County Drug Crime Attorney

Fighting For The Accused In McAllen, Alamo, and Throughout Texas

Drug crimes are among the most common offenses prosecuted in Texas. These crimes can range from simple possession for personal use to drug trafficking across state lines. Texas imposes severe penalties for drug crimes, with consequences that can negatively impact your life long into the future. These harsh penalties can include jail or prison sentences, heavy fines, and lengthy probation under court supervision with restrictive terms and conditions.

You will likely face other collateral consequences as well after a drug conviction. These can range from difficulty finding employment to financial distress and reputational harm based on a criminal record. You may not understand the criminal justice system or the laws applicable to your case. Amid the stress and overwhelm of being charged, you may be intimidated into thinking the best way to deal with the situation is to accept a plea deal. However, it would be best to never admit guilt without consulting a knowledgeable and skilled criminal defense attorney first.

At Anthony M. Ortega, PLLC, you can turn to a drug defense lawyer in Alamo who is a former prosecutor and who thoroughly understands what you are up against, how the courts operate, and how to navigate the system for the best results. Mr. Ortega will thoroughly investigate your case in search of potential errors and weaknesses that can benefit you. He and his team always prepare cases for trial, which means you will be put in the strongest legal position possible, increasing your chances of a favorable outcome. 

Discuss your arrest and charges with our Hidalgo County drug crime attorney in a complimentary consultation. Call us at (956) 300-1402 today.

Understanding Drug Crimes In Texas

The Texas Controlled Substances Act regulates drugs in Texas. This Act classifies drugs into different penalty groups based on their potential for abuse and their medicinal value. The Schedule of Controlled Substances ranges from Schedule I (drugs with the highest potential for abuse and no accepted medical use) to Schedule V (drugs with a lower potential for abuse and accepted medical use).

Schedule I drugs in Penalty Groups 1 and 1-B include narcotics such as heroin, cocaine, methamphetamine, oxycodone, and fentanyl. How you are charged, and the penalties you will face in these Penalty Groups and all others will depend on the type of drug involved, the quantity, and other facts and circumstances of your case. 

For example, if you have less than a gram of the drugs listed in these Penalty Groups, you will be charged with a state jail felony punishable by 180 days up to two years. Amounts higher than that are charged as felonies that can lead to two up to 99 years in prison, along with fines as high as $100,000, depending on the case. Engaging a drug crime lawyer in McAllen can make a significant difference in the outcome of your situation. 

Common Drug Crimes in Texas:

• Simple Possession for One’s Own Use: This involves having a personal amount of a controlled substance.
• Possession of Drugs for Distribution or Sale: Having quantities that suggest intent to distribute.
• Drug Manufacture or Cultivation: Producing illegal substances.
• Drug Trafficking: Transporting or distributing large amounts of narcotics.
• Possession of Drug Paraphernalia: Having tools or equipment used for drug-related activities.
• Sale or Distribution of Drugs to Minors: Selling controlled substances to individuals under the age of 18.
• Possession or Distribution of Drugs In Drug-Free Zones: Operating in prohibited areas, such as near schools.
• Drugged Driving: Operating a vehicle under the influence of narcotics.

Marijuana Drug Crimes In Texas

While other states have legalized the recreational use of marijuana, possession of marijuana generally remains unlawful in our state. Possession of two ounces or less is charged as a misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000. Marijuana possession of four ounces up to five pounds becomes a felony punishable by 180 days up to two years and/or a fine of up to $10,000. 

Like other drug crimes, possession, sale, and cultivation of marijuana are charged based on the amount involved and other factors, such as whether minors were involved in the offense. 

However, many Texas cities and counties have decriminalized marijuana possession in amounts ranging from two to four ounces. This means these incidents will not generally be prosecuted in these areas unless they are part of a felony-level narcotics case. Currently, only medical marijuana is legal in Hidalgo County.

If you have been arrested for a marijuana drug crime, get advice and guidance from our attorney for the help you need. 

Potential Penalties for Drug Crimes in Texas

Consequences for drug convictions in Texas can be severe and long-lasting. They include:

• Fines: Ranging from hundreds to tens of thousands of dollars
• Jail or Prison Time: From a few months to life imprisonment depending on the offense
• Driver’s License Suspension
• Probation and Community Supervision
• Mandatory Drug Education or Treatment Programs
• Permanent Criminal Record

Beyond legal penalties, a drug conviction can limit your ability to get a job, rent housing, or qualify for federal student aid. Retaining a skilled Hidalgo County drug crimes lawyer is critical to avoiding or minimizing these consequences.

Alternative Sentencing Options & Rehabilitation

Alternative sentencing options for drug crimes in Texas offer a more rehabilitative approach compared to traditional punitive measures. These options aim to address the root causes of drug use and help offenders reintegrate into society. They are generally available to first-time nonviolent drug offenders.

Examples of these options include:

• Treatment Alternative to Incarceration Program (TAIP): This statewide program is aimed at offenders dealing with drug addiction. TAIP offers treatment alternatives to jail time, focusing on rehabilitation rather than punishment.
• Drug Courts: These are specialized court docket programs for criminal defendants and offenders, including juveniles and parents with drug dependency issues facing child welfare issues.
• Supervised Release and Probation: These cases involve being released from custody under probation, which includes strict supervision by the court. 
• Diversion Programs: Diversion programs redirect cases from the criminal justice system. Requirements under these programs can include completion of treatment programs, community service, or payment of restitution. Successful program completion can result in reduced penalties or criminal charges being dismissed. 

Turn to Anthony M. Ortega, PLLC, For Experienced Legal Counsel

A drug conviction can have severe consequences, affecting your personal life, employment, and future opportunities. However, being charged is not the same as being convicted. A skilled drug defense attorney in McAllen can challenge the prosecution's evidence, negotiate plea deals, and design a strategy to fight for you at trial to protect your rights and future. 

If you are facing drug crime allegations in or around Hidalgo County, your first order of business should be to contact our firm, where you can work one-on-one with our proven criminal defense attorney.

Contact a Hidalgo County drug crime defense lawyer at (956) 300-1402 to discuss your case and explore your options.