Compassionate and Strategic Drug Trafficking Defense Representation
If you or someone you love has been charged with drug trafficking, you are almost certainly frightened and overwhelmed. The term “drug trafficking” may sound like it should be used to exclusively describe intricate commercial operations, but in Texas, someone can face these charges for simply possessing a controlled substance with the intent to sell it to someone else. Drug trafficking is almost always classified as a felony and carries harsh penalties, potentially including decades in prison and significant fines. The complexities of Texas drug laws, combined with aggressive prosecution, mean that a conviction can permanently alter your life trajectory.
Do not lose hope – you do not have to face drug trafficking charges alone. No matter your situation, you should not wait to exercise your right to seek defense representation.
At Lance Kennedy Law, we fully recognize the uncertainty and stress you are experiencing when you are facing drug charges and are here to provide solutions-driven advocacy. We can assess your circumstances, walk you through your rights and defense options, and fight to protect your future. Our founding lawyer, Lance Kennedy, is a former U.S. and Texas criminal prosecutor, meaning he knows firsthand how both sides of the courtroom think and operate. Our team leverages this unique knowledge to anticipate and counter the prosecution’s arguments and put you in the best possible position. We are standing by 24/7 to take your call, so do not wait to get in touch.
Call (737) 324-7540 or contact us online to schedule a free consultation with our Austin drug trafficking defense lawyers. Se habla español.
Understanding Drug Trafficking Charges
In Texas, "drug trafficking" is a broad term that encompasses more than just moving large quantities of drugs across borders. It refers to offenses related to the illegal distribution and sale of controlled substances.
Unlike simple drug possession, which typically implies personal use, drug trafficking charges specifically involve the "manufacture," "delivery," or "possession with intent to deliver" illegal drugs. Prosecutors focus on proving an individual's involvement in the supply chain, whether they are producing, distributing, or attempting to sell the substances.
"Delivery" is generally defined as the actual or constructive transfer of a controlled substance to another person, and it can include simply offering to sell a drug, even if no money or actual exchange occurs. "Manufacture" refers to the production, preparation, compounding, or processing of a controlled substance, which can range from operating a sophisticated drug lab to simply repackaging drugs for sale. "Possession with intent to deliver" means having control over a controlled substance with the clear intention of distributing it. This intent is often inferred from circumstantial evidence, such as the quantity of the drug, the presence of drug paraphernalia like scales or packaging materials, or large amounts of cash.
Here are some example scenarios in which someone could face drug trafficking charges:
Selling or trading drugs. This includes handing a controlled substance to another person in exchange for money, goods, or services.
Giving drugs to another person. Even if no money changes hands, simply sharing or giving a controlled substance to a friend or acquaintance can be considered "delivery."
Operating a drug lab. This can include cultivating marijuana plants, synthesizing methamphetamine, or creating other controlled substances, even in a private residence.
Possessing large quantities of drugs. You can face trafficking charges if you are found with an amount of a controlled substance that is inconsistent with personal use, suggesting an intent to sell or distribute.
Possessing drug paraphernalia for distribution. Having items like scales, multiple small baggies, or large amounts of cash alongside a controlled substance can lead to trafficking charges.
Acting as a middleman. This refers to facilitating a drug transaction between two other parties, even if you do not physically handle the drugs or receive direct payment.
Offering to sell drugs. You can even be charged with drug trafficking for making an offer to sell a controlled substance to someone, even if the transaction is never completed.
Transporting drugs for distribution. This includes moving drugs from one location to another with the intent to deliver them, even if you are not the one directly selling them.
It's important to note that someone can face state-level drug trafficking charges if the alleged drug-related activity occurs entirely within Texas borders. If the drug-related activity involves crossing state or federal borders, involves especially large quantities of a controlled substance, or takes place on federal property, an individual can face federal drug trafficking charges. Federal charges frequently carry harsher potential punishments.
Potential Consequences of a Drug Trafficking Conviction in Texas
Drug trafficking is typically charged as a felony in Texas, but several factors determine whether an individual faces a state jail felony, a second-degree, a first-degree, or even an enhanced first-degree felony, with corresponding impacts on potential prison time and fines. One of the most significant influences is the type and quantity of the controlled substance involved. Texas law categorizes controlled substances into Penalty Groups, with lower-numbered groups being considered more dangerous and addictive. As the quantity of the drug increases, regardless of its Penalty Group, the potential sentence and fine escalate dramatically.
Beyond the type or quantity of the drug itself, aggravating factors can significantly enhance the penalties. These include the presence of firearms during the commission of the offense, which suggests a higher potential for violence. Any involvement of minors, either by delivering drugs to them or committing the offense in their presence, also triggers much more severe punishments.
At Lance Kennedy Law, our goal is to minimize the impact of these charges on your future, whether that involves working aggressively to demonstrate your innocence or negotiating a favorable plea bargain. We are skilled trial lawyers and negotiators who are prepared to protect and enforce your rights.
Penalties for a Texas drug trafficking conviction can include:
Jail or prison time. The length of time an individual may spend in prison or state jail is directly tied to the specific Penalty Group of the drug and the quantity involved. For example, possessing with intent to deliver less than one gram of a Penalty Group 1 substance, such as heroin or methamphetamine, can result in 180 days to 2 years in state jail. However, larger quantities of Penalty Group 1 drugs can lead to potential sentences of up to 99 years in prison.
Fines. The exact amount of the fine is directly tied to the type and quantity of the controlled substance involved, mirroring the escalating severity of incarceration penalties. While a relatively smaller trafficking offense (such as less than one gram of a Penalty Group 1 drug) might carry a fine up to $10,000, convictions for trafficking larger quantities can lead to fines of $100,000, and for the most egregious offenses involving hundreds of grams or more of certain substances, the fine can reach up to $250,000.
Consequences of a criminal record. A felony drug trafficking conviction can severely limit employment opportunities, as many employers conduct background checks and are hesitant to hire individuals with such a criminal record. It can also create significant difficulties in securing stable housing or even impact child custody or immigration status. Any drug crime conviction triggers a 90-day driver’s license suspension under Texas law, and a drug education course must be completed before a license can be reinstated.
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When facing serious drug trafficking charges, the defense strategies available will largely depend on the specific evidence collected by law enforcement and the unique facts surrounding your case. A robust defense requires a detailed investigation and a tailored strategy built to challenge the prosecution's claims.
Our attorneys can explore all available strategies and meticulously scrutinize every aspect of your case to build the strongest possible defense. We know what goes into an effective drug trafficking defense and understand how to challenge, weaken, or dismantle tactics frequently used by Texas prosecutors.
Some common defenses our lawyers may explore include:
Challenging the legality of the search and seizure. If law enforcement obtained the drugs or other incriminating evidence through an unlawful search that was conducted without probable cause, a valid search warrant, or your voluntary consent, that evidence may be inadmissible in court. If key evidence is suppressed, the prosecution's case could be significantly weakened or even dismissed.
Disputing "possession,” "knowledge," or "intent to deliver.” To obtain a drug trafficking conviction, the prosecution must prove beyond a reasonable doubt that you knowingly or intentionally had care, custody, control, or management of the controlled substance, and, crucially, that you intended to deliver it. In some cases, we may be able to challenge these elements. For example, if drugs were found in a shared vehicle, a large building, or a location with multiple occupants, it can be argued that the prosecution cannot definitively link the drugs to you or prove your intent to deliver them. The quantity of the drug or the presence of packaging materials is often used to infer intent, but these inferences can also be challenged.
Entrapment. This defense asserts that law enforcement induced or persuaded you to commit a drug trafficking crime that you would not have otherwise committed. For entrapment to be a viable defense, you generally must show that the idea for the crime originated with law enforcement, and that you were not predisposed to commit the offense before their influence. This often comes into play in sting operations involving undercover officers or informants.
Challenging the chain of custody. When drugs are seized, they must be meticulously documented, stored, and transported through a strict "chain of custody" to maintain their integrity as evidence. If there are any breaks, gaps, or questionable handling in this chain (such as improper labeling, insecure storage, or missing documentation), it can cast doubt on whether the substance tested in the lab is actually the same one found at the scene or if it was tampered with. This can lead to the evidence being excluded or its credibility being significantly undermined.
Challenging lab results and expert testimony. The prosecution relies on forensic lab analysis to identify the substance and its weight. We may be able to challenge the accuracy or reliability of these lab tests, question the methodology used, or highlight any potential errors in the testing process. In some cases, we may call an independent expert witness to provide testimony that contradicts the prosecution's findings or casts doubt on their scientific evidence.
Whether you are facing state-level or federal drug charges, we can provide aggressive defense representation. Call (737) 324-7540 or contact us online now.
Generally, police need a warrant to search your property. However, there are exceptions, such as if you give consent or if evidence is in plain view. You need to assert your rights politely but firmly and contact a criminal defense lawyer right away.
Possession charges typically involve smaller amounts for personal use, while possession with intent to distribute involves larger quantities or other evidence suggesting plans to sell the drugs. The latter carries more severe penalties.
In some cases, yes. Texas law allows for expungement or sealing of records under certain circumstances. Lance Kennedy can evaluate your situation and advise on your options.
“Constructive possession” means you can be charged even if the drugs weren’t physically on you. However, this can be challenged in court. Lance Kennedy will work to prove you didn’t have knowledge or control of the drugs.
This depends on the specifics of your case. While plea bargains can sometimes result in reduced charges or sentences, they’re not always in your best interest. Lance Kennedy will carefully evaluate any offers and advise you on the best course of action.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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