Drug Manufacture And Delivery Defense Lawyer in San Marcos
Texas takes drug crimes seriously. The state enforces strict penalties for the manufacture or delivery of controlled substances. Specific penalties for drug manufacture and delivery charges are based on the weight and type of controlled substance involved. The Texas Controlled Substances Act classifies controlled substances into penalty groups by their probability for abuse. The consequences can be very serious, as someone caught possessing as little as four grams of any substance in Penalty Group 1 with intent to deliver (not even necessarily sell) can face up to 99 years in a Texas prison if convicted.
Additionally, someone arrested on this type of charge in what’s known as a Drug Free Zone (for example near a school, church, or park) will face enhanced penalties. If you or someone you love has been charged with drug manufacture or drug delivery, it is critical to have a skilled criminal defense lawyer on your side as soon as possible. As an aggressive Criminal Defense Attorney in San Marcos who is licensed to practice in all Texas state courts as well as in Federal Court, I will fight to protect your rights.
Your Best Line Of Defense Against Drug Charges in San Marcos
The state must prove beyond a reasonable doubt that you knowingly manufactured, delivered, or were in possession with intent to deliver a controlled substance in order to make these charges stick. Often times, this is done through circumstantial evidence such as the presence of scales, packaging materials, or large amounts of cash. In any case, an experienced defense lawyer can identify potential defenses and implement an effective strategy. It is always distinctly possible that even if the evidence against you is strong, the police violated your rights or made other crucial errors in the process of building their case against you. I will analyze each and every piece of evidence presented by the prosecution in order to look for ways to attack the State’s case. During our initial meetings we will discuss the circumstances of your arrest in order to help determine if the processes and evidence gathered by the police officers could potentially be an issue for the Government down the road.
What Is the Difference Between Drug Manufacturing and Drug Possession?
In Texas, drug manufacturing and drug possession are both serious offenses, but they involve distinct actions and carry different legal implications. Drug possession refers to the act of knowingly having a controlled substance without authorization, often for personal use. Possession alone does not imply an intent to distribute or produce the substance, although possession of larger quantities can sometimes lead to more severe charges under the assumption that distribution may be intended.
Drug manufacturing, on the other hand, involves actively creating, producing, or synthesizing illegal drugs. This may include extracting chemical components, mixing compounds, or growing plants that yield controlled substances. Manufacturing charges often imply an intent to distribute the drugs produced, especially when evidence shows materials, equipment, or substances used to produce large quantities.
Due to the intent and scale typically associated with manufacturing, this offense generally carries more severe penalties than simple possession. For instance, manufacturing a controlled substance near a school zone or in the presence of minors may lead to additional charges and harsher sentences. Furthermore, prosecutors may pursue higher penalties when evidence of distribution is present, such as packaging materials or distribution paraphernalia.
An experienced attorney can help clarify the distinctions and potential defenses available for these charges, as the nuances of each can significantly impact the course of a case. Understanding these differences is crucial for anyone facing such allegations, as the stakes and potential penalties vary widely between manufacturing and possession charges.
An Experienced Defense Attorney Can Make All The Difference
You will need a lawyer who listens, is attentive to your legal needs and offers a confident and thorough defense in and out of court. At The Law Offices of David C. Hardaway, I care about my clients and provide an aggressive defense for the best outcome possible. When criminal charges are serious, it is important to get started on case analysis right away.
Contact my San Marcos office today to schedule a one-on-one consultation. You can reach my office by calling (512) 846-9966, or fill out a confidential online contact form.