Conroe Drug Trafficking Attorney

Protecting Clients in Montgomery County, TX

The crime of drug trafficking involves the manufacturing, importing, transporting and distribution of illegal narcotics such as methamphetamines, heroin, LSD, ecstasy, and cocaine. It typically involves large quantities of drugs and can be charged as both a state and federal crime.

If convicted, you face severe penalties that can include years in prison. These cases are often investigated for many months by the Drug Enforcement Agency (DEA) before there is an indictment. You will need the skills of an experienced Conroe drug trafficking lawyer to ensure the best possible results in your case.

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Trafficking Penalties

The state of Texas is known for its tough penalties for drug offenders. If you are charged with drug trafficking in Montgomery County, you need to act quickly to build a defense.

Penalties for drug trafficking can include:

• 180 days to 2 years in state jail and/or up to $10,000 in fines for a state jail felony
• 15-99 years in prison and/or up to $250,000 in fines for the heaviest first degree felony

Federal vs. State Drug Trafficking Charges

When it comes to drug trafficking, there are key differences between state and federal charges:

• State Charges: These are typically for smaller drug trafficking operations and involve state law enforcement. State penalties vary but generally are less severe than federal charges.
• Federal Charges: If the drug trafficking involves crossing state lines, large-scale operations, or international importation, federal law enforcement (like the DEA) may step in. Federal charges often carry much harsher penalties.

Key Differences in Penalties:

• State Penalties: Can include imprisonment for several years, depending on the drug and quantity involved.
• Federal Penalties: Often include mandatory minimum sentences, even for first-time offenders. These sentences can be much longer and involve higher fines.

When Cases Transition:

• A case may switch from state to federal jurisdiction if:
  • Drugs were transported across state lines or internationally.
  • The scale of the operation is large enough to involve federal agencies like the DEA.
  • Serious criminal elements (such as organized crime or gangs) are involved.

Common Defenses Against Drug Trafficking Charges

There are several defense strategies that can be used to fight drug trafficking charges:

• Entrapment: The government or law enforcement may have persuaded or coerced someone into committing a crime they would not have otherwise committed.
• Lack of Evidence: The prosecution may not have sufficient proof to convict you, such as lacking direct evidence or key witnesses.
• Illegal Search and Seizure: If evidence was obtained illegally (without a proper warrant or probable cause), it could be excluded from the case.
• Mistaken Identity: You may have been wrongly identified as being involved in the trafficking operation.

An experienced attorney will know how to challenge the prosecution’s evidence and look for weaknesses in the case.

Role of the Drug Enforcement Agency (DEA)

The DEA plays a major role in federal drug trafficking cases:

• Investigations: DEA agents often investigate large-scale drug trafficking operations, both domestic and international. They use sophisticated techniques to track drug movements and gather evidence.
• Impact on Local Cases: Even in Montgomery County, the DEA’s involvement can have significant effects. Local cases may become federal cases if they involve interstate drug movement or large quantities of drugs.

Federal investigations typically mean stricter penalties and more complex legal challenges, making it crucial to have skilled representation.

Conroe Drug Trafficking Defense Lawyer

Attorney Doug Atkinson is a highly qualified criminal defense attorney with courtroom experience in many different types of drug crime cases, including trafficking. Over the years, he has developed a reputation for winning difficult cases, earning him a 10.0 Superb Avvo Rating and ranking among The National Trial Lawyers' Top 100 Trial Attorneys.

As your advocate, he will look for weaknesses in the prosecution's case that can be used to minimize charges, such as mistakes made in police procedures that are a violation of your constitutional rights.

There are many factors in a trafficking case that will be taken into consideration at the trial and during sentencing if there is a conviction in the case, including:

• The defendant's prior criminal history
• A prior criminal history involving drug crimes
• The evidence that was collected such as equipment, supplies, large amounts of cash
• The type of drug involved
• The quantity of the drug involved
• If trafficking activities occurred near a school
• If minors were involved in the operation
• If deadly weapons were found

You can count on Attorney Atkinson to vigorously attack the prosecution's case and take whatever legal actions are necessary to help prevent a guilty verdict.

Frequently Asked Questions (FAQ)

• What is the difference between drug possession and drug trafficking charges?
  Drug possession involves having illegal substances for personal use, while drug trafficking refers to the distribution, transportation, or sale of large amounts of drugs. Trafficking is typically associated with much more severe penalties than possession.
• Can I be charged with drug trafficking if I didn't physically sell the drugs?
  Yes, you can still be charged with trafficking if you were involved in any part of the operation, such as transporting or coordinating the sale, even if you didn't personally sell the drugs.
• What are the chances of getting a reduced sentence for drug trafficking or possession for sale in Texas?
  It depends on various factors, including the severity of the charges, any prior criminal record, and whether you cooperate with law enforcement. Hiring an experienced defense attorney may help negotiate a plea deal or reduced sentence, especially if there are opportunities to reduce the charges from trafficking or possession for sale to a lesser offense.
• What should I do if I’m being investigated for drug trafficking?
  If you believe you are under investigation, it’s important to consult with a criminal defense attorney immediately. Avoid speaking to law enforcement without legal representation, as anything you say could be used against you in court.
• Can drug trafficking charges be expunged from my record?
  In most cases, drug trafficking convictions are not eligible for expungement due to the severity of the offense. However, your attorney may be able to explore options for reducing the charges or obtaining a pardon in certain circumstances.
• How do federal charges impact my case compared to state charges?
  Federal charges usually carry harsher penalties, including mandatory minimum sentences, and can involve longer prison terms. Federal cases are also often more complex due to the involvement of federal agencies and broader jurisdiction.
• What types of drugs are most commonly involved in trafficking charges in Texas?
  Commonly trafficked drugs in Texas include methamphetamines, cocaine, heroin, ecstasy, and marijuana. The severity of the charges often depends on the type and quantity of the drug involved.

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