Possession of a Controlled Substance Defense Attorney Serving Dallas

When facing controlled substance charges in Frisco, Texas, the consequences can impact your career, education, and future opportunities. At My Dallas Criminal Lawyer, our experienced attorneys understand the details of Texas drug laws and fight to protect your rights in Collin County courts. With former prosecutor experience and a proven track record of successful case outcomes, we provide the aggressive defense you need when your future is on the line.

Call 214-949-4117 for your free consultation today. Time is critical in drug cases – contact us immediately.

Understanding Controlled Substance Charges in Frisco, Texas

Texas controlled substances law follows Texas Health and Safety Code Chapter 481. This creates a legal framework governing drug possession charges statewide. Frisco law enforcement works with Collin County District Attorney’s office to aggressively prosecute drug cases. This makes experienced legal representation crucial for defendants.

Frisco police investigate drugs through traffic stops, search warrants, and undercover operations. The District Attorney operates the Opioid Treatment Program (DAOTP) for non-violent opioid offenders. This coordinated approach means defendants face well-prepared prosecution from charge filing.

Most possession cases are prosecuted in Texas state courts. Federal authorities may intervene when cases involve specific quantity thresholds or federal property violations. Federal charges carry more severe penalties and different procedures.
Texas Penalty Groups Explained
Texas organizes controlled substances into penalty groups with different penalties based on danger and abuse potential. The Commissioner annually establishes controlled substance schedules.

Penalty Group 1 includes cocaine, heroin, and methamphetamine. These have high abuse potential and limited medical use. Small amounts can result in felony charges with significant prison time.

Penalty Group 2 includes ecstasy, PCP, and amphetamines. These charges may offer alternative sentencing opportunities for first-time offenders.

Penalty Group 3 covers prescription drugs without valid prescriptions, including Xanax and Valium. Many clients face charges for possessing medications belonging to others.

Penalty Group 4 includes compounds with small narcotic amounts found in prescription medications. These cases often involve technical classification and measurement issues.

Common Controlled Substance Charges We Defend

Our Frisco lawyers handle various drug-related charges requiring different defense strategies:

• Simple Possession – Most common charges arising from traffic stops or searches. Prosecution must prove knowing possession and control.
• Possession with Intent to Distribute – Severe penalties requiring proof of intent to sell. Evidence includes large quantities, scales, packaging materials, or cash.
• Drug Paraphernalia – Items like pipes or syringes that often accompany other charges and can enhance penalties.
• Prescription Fraud – Obtaining controlled substances through fraudulent prescriptions or doctor shopping. Requires analysis of medical records and prescription patterns.
• Manufacturing or Delivery – Most serious offenses with potential decades in prison. Demands immediate attention from experienced attorneys.

Federal Quantity Thresholds

Federal involvement in drug cases typically occurs when specific quantity thresholds are met. Under 21 U.S.C. §§ 841(b)(1) and 960(b), federal mandatory minimums apply at the following levels:

5-Year Mandatory Minimums:

• Heroin: 100 grams
• Cocaine: 500 grams
• Crack cocaine: 28 grams
• Methamphetamine (pure): 5 grams
• Methamphetamine (mixture): 50 grams
• Fentanyl: 40 grams
• Marijuana: 100 kilograms

10-Year Mandatory Minimums:

• Heroin: 1 kilogram
• Cocaine: 5 kilograms
• Crack cocaine: 280 grams
• Methamphetamine (pure): 50 grams
• Methamphetamine (mixture): 500 grams
• Fentanyl: 400 grams
• Marijuana: 1,000 kilograms

Federal involvement can occur below these thresholds based on other factors such as firearms involvement, school proximity, or prior criminal history.

Defense Strategies for Controlled Substance Cases in Frisco, TX

A successful defense against a controlled substance charge requires a thorough understanding of constitutional law, criminal procedure, and drug investigation techniques. Our Frisco lawyers employ multiple strategies tailored to the specific facts of each case.

Constitutional Challenges

The Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect individuals from unreasonable searches and seizures. While these provisions are similar, Texas courts can interpret the state constitution as offering different or greater protections. A strong defense often involves challenging the legality of law enforcement’s actions, such as:

• Illegal searches conducted without a valid warrant.
• Traffic stops initiated without sufficient probable cause.
• Violations of Miranda rights during a custodial interrogation.
• Improper procedures used during the execution of a search warrant.

Evidence-Based Defenses

We meticulously examine every aspect of evidence collection and testing to identify procedural weaknesses.

• Chain of Custody: We challenge the handling of evidence from the moment it’s seized until it’s tested in a lab to ensure it hasn’t been compromised.
• Crime Lab Protocols: We scrutinize Texas Department of Public Safety (DPS) Crime Laboratory procedures. For instance, prosecutors are required to provide the lab with a written request and advance notice for testing; specifically, at least 5 business days for marijuana and 30 business days for other controlled substances. Failure to follow these protocols can be grounds for challenging the evidence.
• Possession and Knowledge: Additional defenses include proving a lack of knowledge or intent regarding the presence of a controlled substance. We also raise issues of “constructive possession” when drugs are discovered in a location, like a car or home, that is accessible to multiple people, making it difficult for the state to prove who had actual control over the substance.

Alternative Resolution Options in Collin County

Collin County offers several programs that serve as alternatives to a conviction and potential jail time.

• Drug Court Programs: The 416th Judicial District operates a comprehensive Felony Drug Court, which is a highly structured program lasting a minimum of 12 months. Phase one requires at least 90 days of proven abstinence, participation in educational programs, weekly court appearances, and frequent random drug testing. For misdemeanor cases, County Court at Law #7, presided over by Judge David Waddill, manages a similar drug court program. While legislation periodically updates program eligibility, claims about specific bills should be carefully verified for accuracy.
• Treatment Programs: The Collin County District Attorney’s Opioid Treatment Program (DAOTP) offers a treatment-focused path for non-violent offenders. This program involves a minimum of 15 months of supervision. Additionally, deferred adjudication probation is an option that allows for the dismissal of a charge upon successful completion of the program’s terms, creating a potential path to sealing the record from public view.

Why Choose My Dallas Criminal Lawyer for Your Frisco Drug Case

Our firm offers unique advantages in controlled substance defense that deliver better outcomes for clients.
Former prosecutor Justin Wilson provides insider knowledge of how the state builds drug cases. This experience helps us anticipate prosecution strategies and identify weaknesses other attorneys miss. Our local Collin County court experience and relationships with judges and prosecutors help navigate the system effectively.
We offer proven results with dismissals, reductions, and alternative sentencing for serious drug charges. Our 24/7 availability ensures immediate legal intervention when arrests occur, while bilingual support removes language barriers for Spanish-speaking clients.

Our Approach

We begin with immediate case assessment through free consultations to identify defenses and develop tailored strategies. Thorough investigation reviews arrest procedures and evidence collection for procedural errors or constitutional violations.
Professional consultation brings forensic experts and law enforcement specialists when needed for technical cases. Aggressive negotiation with prosecutors seeks dismissals, reductions, or alternative sentencing. If negotiations fail, our trial preparation and courtroom experience provide strong advocacy in court.

The Legal Process for Drug Charges in Frisco

Understanding the legal process helps clients make informed decisions about their cases and prepare for what lies ahead. Controlled substance cases in Frisco follow a predictable timeline with specific procedures and deadlines.

Timeline and Procedures

Arrest and booking typically occur at the Frisco City Jail, where authorities process defendants and hold them pending bond hearings. The conditions of your release and the amount of bond set can significantly impact your ability to prepare an effective defense.

Initial appearance before a magistrate judge occurs within a reasonable timeframe of arrest. The judge sets bond and establishes conditions of release. Having an attorney present at this hearing can help secure more favorable bond conditions.

Grand jury process in Collin County determines whether formal charges will be filed through indictment. Grand jury proceedings are secret, but experienced attorneys can sometimes influence the process through presentations to prosecutors.

Pre-trial motions provide opportunities to challenge evidence, suppress statements, and resolve legal issues before trial. These motions can be decisive in determining the outcome of your case.

Trial or plea negotiations represent the final resolution of your case. Most cases resolve through plea negotiations, but having an attorney prepared for trial strengthens your negotiating position.

Protecting Your Future After Drug Charges

The consequences of controlled substance convictions extend far beyond criminal penalties and can impact virtually every aspect of your life. Understanding these collateral consequences helps clients make informed decisions about their cases.

Employment Consequences:
Many employers conduct criminal background checks and may disqualify applicants with drug convictions, particularly for positions involving trust or responsibility.

Professional Licenses:
Professional licenses for doctors, lawyers, teachers, and other licensed professionals can face suspension or revocation following drug convictions. Professional licensing boards often impose their own disciplinary actions separate from criminal penalties.

Educational Opportunities (Verified):
Federal student aid restrictions apply to students with drug convictions while receiving federal aid:
Possession offenses: 1st offense = 1 year ineligibility, 2nd offense = 2 years, 3rd+ = indefinite
Sale offenses: 1st offense = 2 years ineligibility, 2nd+ = indefinite
Students can restore eligibility through completing drug rehabilitation programs and passing drug tests
Students must disclose drug convictions on FAFSA forms

Record Clearing Options:
Texas law allows for expungement or record sealing in certain circumstances. This helps clients move forward with clean records after successful case resolution.

Frequently Asked Questions

Contact My Dallas Criminal Lawyer Today

If you are facing controlled substance charges in Frisco, Texas, do not wait to seek legal representation. The sooner you contact our experienced controlled substance lawyers, the more options we may have to protect your rights and defend your case.