Arrested for a Drug Charge

If you have been arrested for a drug charge, then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a narcotics offense.

What will happen if I am arrested for a drug charge?

If you pay a fine or take time served, that is just the same as going to jail or prison it is a final conviction that will always be on your record.
After completing Deferred Adjudication probation, your record can be sealed by filing a Petition for Non-Disclosure.
A PCS/POM deferred adjudication or conviction cannot be expunged from your record.
Your driver’s license can be suspended if you are sentenced to time served, pay a fine, or go to jail or prison.
In Harris County, there is a PreTrial Intervention program or PTI which is available only if you pass the very restrictive screening process, then after a year of probation your case is dismissed and you have no conviction for PCS/POM, and your driver’s license will not be suspended because there was no conviction.
You will be ineligible to receive Student Loans or Grants if convicted of PCS/POM

Can I be Arrested for a Drug Charge?

If you are arrested for a drug charge for even a trace amount of certain Controlled Substances such as Cocaine, Ecstasy, and Methamphetamines can be enough for a felony drug conviction. The prosecutor must prove that the contraband is a controlled substance, and that you knowingly possessed the illegal drug.

How do you defend a drug charge?

There are three ways to defend a drug case: (1) the substance is not an illegal drug; (2) the drugs are not your drugs; or (3) the drugs were found as a result of an illegal search or seizure; or some other violation of law that warrants their suppression.

How much time can I get for a drug charge?

First, determine your Penalty Group (PG). You are either a PG-1, PG-1A, PG-2, PG-2A, PG-3, or PG-4.
Second, use your PG and the weight of the Controlled Substance, or the units of Controlled Substance to find the Class of Misdemeanor, or Degree of Felony for your Drug Charge.
Third, find your Class of Misdemeanor, or Degree of Felony. This will tell you the maximum fine amount, and the minimum and maximum amount of jail time or prison time for your possession charge.

Example: You were arrested for possession of cocaine weighing 0.5 grams, which is equal to about half a packet of sugar. In the first table you will find that cocaine is a PG-1 Controlled Substance. In the second table you find that less than 1 gram of cocaine equals a State Jail Felony. In the third table will find that the punishment for a State Jail Felony is a maximum fine of $10,000.00 and/or 6 months to 2 years in the State Jail.

Controlled Substance by Penalty Group (PG)

Generic or Chemical Name	Brand or Common Name	Penalty Group (PG)	Statute
Ketamine	Special K	PG-1	481.102(10)
GHB	G	PG-1	481.102(9)
Methamphetamine	Crystal Meth	PG-1	481.102(6)
Cocaine Base	Crack	PG-1	481.102(3)(D)
Cocaine	Coke	PG-1	481.102(3)(D)
Oxycodone	Oxycontin	PG-1	481.102(3)(A)
Hydrocodone	Vicodin	PG-1	481.102(3)(A)
Codeine	Codeine	PG-1	481.102(3)(A)
LSD	Acid	PG-1-A	481.1021
Fentanyl	China White	PG-1-B	481.1022
MDMA	Ecstasy	PG-2	481.103(a)(1)
MDPV	Bath Salts	PG-2	481.103(a)(4)(B)
Dextroamphetamine	Adderall	PG-2	481.103(a)(3)
Psilocybin	Mushrooms	PG-2	481.103(a)(1)
Mescaline	Mescaline	PG-2	481.103(a)(1)
Tetrahydrocannabinol	THC Wax and Oil	PG-2	481.103(a)(1)
Cannabinol	CBN Wax and Oil	PG-2-A	481.1031(b)(3)
Peyote	Peyote	PG-3	481.104(a)(6)
Hydrocodone <15mg/dose	Vicodin	PG-3	481.104(a)(4)
Codeine <90mg/dose	Codeine	PG-3	481.104(a)(4)
Alprazolam	Xanax	PG-3	481.104(a)(2)
Diazepam	Valium	PG-3	481.104(a)(2)
Methylphenidate	Ritalin	PG-3	481.104(a)(1)
Testosterone	Steroids	PG-3	481.104(a)(9)
Human Growth Hormone	HGH	PG-3	481.104(a)(9)

Class/Degree of Drug Charge for Weight or Units of Controlled Substance by Penalty Group

Statute	PG	Class B	Class A	State Jail	3rd Degree	2nd Degree	1st Degree	1st Degree +
481.115	1			< 1g	1g < 4g	4g < 200g	200g < 400g	400g +
481.1151	1-A			< 20 units	20 < 80	80 < 4000	4000 < 8000	8000 units +
481.115	1-B			< 1g	1g < 4g	4g < 200g	200g < 400g	400g +
481.116	2			< 1g	1g < 4g	4g < 400g		400g +
481.1161	2-A	< 2oz	2oz < 4oz	4oz < 5lbs	5lbs < 50lbs	50lbs < 2000lbs		2000lbs +
481.117	3		< 28g		28g < 200g	200g < 400g		400g +
481.118	4	< 28g			28g < 200g	200g < 400g		400g +

Standard Punishment Range by Class and Degree of Drug Charge

Classification	Fine	Jail/Prison Time
Capital Felony	None	Life without Parole, or Death
First Degree Felony Plus	$50k – $250k	5-15 years to 99 years, or Life with Parole
First Degree Felony	$10,000.00	5 years to 99 years, or Life with Parole
Second Degree Felony	$10,000.00	2 years to 20 years
Third Degree Felony	$10,000.00	2 years to 10 years
State Jail Felony	$10,000.00	180 days to 2 years
Class A Misdemeanor	$4,000.00	1 day to 1 year
Class B Misdemeanor	$2,000.00	1 day to 180 days
Class C Misdemeanor	$500.00	None

25+ Years of Experience

Perscription Fraud
Possession of Controlled Substance
Possession with Intent to Deliver
Delivery of Controlled Substance
Possession of Marijuana
Delivery of Marijuana
Possession of THC