Tyler, Texas Drug and Alcohol Defense Lawyers

Experienced Criminal Defense for Drug Charges

Drug charges are among the most serious and most common criminal charges in the state of Texas, both at the state and federal levels. The government’s power to prosecute these cases has grown considerably in recent years, opening the door to trumped-up charges and widespread prosecutorial abuse.

If you are facing a drug-related charge in Texas, the stakes couldn’t be higher. In addition to many years in prison, you could be looking at the loss of your driving privileges, a stain on your reputation, and a permanent record that could affect your ability to earn a living long after release from jail. Your life and liberty are on the line.

Police officers and prosecutors don’t always handle these cases fairly. Their unending goal is to put people in prison for these crimes, and they try to score as many convictions as they can. Whether you’re innocent or not, you should expect the government to do everything in its power to achieve the harshest possible sentence against you. We’re here to fight them on that — and we have a strong record of success.

This page will help you understand the various types of drug & alcohol charges in Texas, the serious nature of these charges, and how a Tyler drug defense attorney can help. Contact Oberheiden, P.C. today.

The Law on Prohibited Substances

People tend to talk about some drugs as being “worse” than others. Sure enough, the law categorizes different groups of substances according to the overall risk they pose to society. But you need to understand that any prohibited substance can trigger extremely serious legal consequences — even drugs that some people regard as “not as bad” as others.

You may be aware that some states have legalized the possession of small amounts of marijuana, sometimes strictly for medicinal purposes and, in other cases, for recreational use. Texas is currently in hot debate about whether the rules in our state should change, but for now, the law on marijuana in Texas remains very complicated. Many uses and forms of possession remain illegal. Texans are prosecuted and convicted on marijuana charges every single day.

Of course, marijuana isn’t the only substance that lands people in hot water. Our office can help with charges connected to many of the most common drugs, including:

• Cocaine
• Heroin
• Methamphetamines (“crystal meth”)
• LSD
• Prescription painkillers
• Many more

Federal task forces are constantly on the prowl for people who may be in violation of the U.S. drug laws. The same is true for the state and local police where Texas law is concerned.

Police officers in our state routinely arrest people for possession (or related activities) even when only small amounts of a drug are involved — even small amounts of marijuana.

Your charges might not seem serious, but they are. You need an experienced Tyler drug defense attorney to protect you from the prosecutor’s aggressive efforts to put you in prison.

Common Drug and Alcohol Charges in Texas

The government takes many different approaches toward prosecution. They have a wide range of charges available to them, and they typically apply the most serious charges that they believe can “stick.”

Some of the most common drug and alcohol charges in our state include:

• Possession — Possession charges apply when you have drugs on your person or within your control. It is possible to be convicted for drug possession even if the drugs weren’t physically on you at the time of your arrest.

• Possession with Intent to Distribute— This means that not only did you have drugs but you also planned to give (or sell) those drugs to other people. How does the government know what your intentions were? Often, they don’t. Unfortunately, though, they are allowed to “infer” those intentions based on the quantity of the drug, communications you may have had with others, any large amounts of money within your control, and various other factors that might imply intent.

• Drug Trafficking — Drug trafficking is similar to possession with intent to distribute, but trafficking charges typically involve a larger quantity of drugs. Trafficking applies to the manufacture, distribution, transportation, or sale of a prohibited substance. If those transactions are alleged to have crossed state lines, you could be looking at federal and state charges.

• Drug Manufacturing — This might seem like a very narrow or specific crime, but the government has adopted a very broad definition for “manufacturing.” Simply selling chemicals or supplies that are later used in someone else’s drug manufacturing could lead to an arrest.

• Illegal Importation of Drugs — If a substance is illegal in the United States, it is also illegal to have that substance shipped or transported into the United States (even if it is allowed in the country it’s coming from). Likewise, it is often illegal to use the mail or other shipping services to transport legal substances or prescription medications (whether nationally or internationally), even if you have a prescription for them.

• Prescription Drug Crimes — Because prescription drugs can be lawfully obtained with a prescription, police have become increasingly diligent in their efforts to crack down on abuse of those prescriptions. Prescription drug crimes may apply to any activity related to the unlawful procurement, distribution, or possession of prescription drugs. It isn’t uncommon for law enforcement to monitor pharmacies, doctor’s offices, and other operations in order to finger suspects in a prescription drug crime.

• DUI / DWI — Driving under the influence is a common criminal charge for those using alcohol, drugs, and even prescription medications. Many of these charges are unfounded or rely on faulty evidence. If you’ve been charged with driving under the influence in Texas, whether the charges involve alcohol or drugs, you need to speak with an experienced Tyler drug defense attorney right away.

• Drug Conspiracy — Conspiracy charges are some of the scariest for defendants because they carry extreme criminal sentences, and the people accused of conspiracies often have very little to do with the underlying crime. Under a conspiracy theory, the government can charge almost anyone who participated in a chain of actions that eventually lead to a suspected drug crime. That means you may be accused of “conspiring” with someone you never met, and for actions you never anticipated. The government uses these conspiracy charges to intimidate suspects and entice them to make plea bargains or turn in other potential suspects. They represent some of the most serious and unfair charges in the entire criminal justice system, and they require an urgent, aggressive legal defense.

While these are among the most common drug and alcohol charges in Texas, there are many more. Whatever you may be facing, our office is ready to help and prepared to defend you.

Schedule a Free Case Review with Our Federal Drug Defense Attorneys

If you are facing a potential drug or alcohol charge in Tyler, Texas or anywhere else in the United States, our federal drug defense attorneys can help. Please contact our office immediately to learn more about your best next steps.