Possession and Trafficking of Drugs

Drug crime defense attorneys in the Law Office of Valdez, Monarrez & San Miguel , represent people accused of possession of controlled substances, such as marijuana, methamphetamine, cocaine and heroin. Regardless of the nature of your position, we will guide you through each step of the process, we will provide you with honest advice and from the beginning the options you have for the position you face and the technical aspects of your case.

Attempting to fight drug crime in Texas without the assistance of a criminal attorney is very risky and the outcome may not be the best fit for you. With our legal team at your side, you have a great chance of presenting a successful defense and avoiding a series of consequences that could have an irreversible negative impact on your life.

Drug trafficking offenses include the distribution, cultivation, manufacture, trafficking and possession of drugs, as well as prescription fraud for controlled drugs, covering a wide range of products such as crack cocaine, powder cocaine, marijuana, methamphetamines , ice and heroin; even the possession, use and sale of prescription drugs, such as oxycodein, morphine, oxycotine, hydrocodeine, barbiturates, methylphenitadeine, benzodiazepines and commercially manufactured opiates, as well as stimulants and depressants, is considered a drug trafficking crime.


    The punishment for manufacturing a controlled substance generally depends on the type of narcotic and the amount an individual produced. Additional penalties can also be added if the defendant transported or delivered the substances. At a minimum, this crime is considered a felony in state jail.

    The punishment for this offense includes:

    • Between 180 days and two years in a state jail
    • Fine of up to $ 10,000
    • Probation
    • Drug and Alcohol Counseling

    When more than 400 grams of any category of drug is produced, the offense can be a felony of the first degree. The punishment here can be a prison sentence of five to 99 years along with a fine that can reach $ 10,000. Since the criminal penalties are so severe, it is highly recommended that an accused person seek legal advice from a criminal attorney.

    Available defenses

    The burden of proof rests with the state of Texas to show that the person accused of manufacturing a controlled substance actually produced the drug in question. This can sometimes be complex for the prosecutor as they rely on the testimony of informants to provide this information. Confidential informants may not always be trustworthy, as many were also involved in their own drug manufacturing operations and seek leniency from the courts. An aggressive defense attorney will carefully examine all witness testimony to expose any ulterior motives.

    In other cases, a defendant may be guilty simply by association. This can be a difficult situation because it is often necessary to prove innocence rather than have the state prove guilt. The work of a defense attorney in this situation creates reasonable doubts in the minds of jurors about the intent of the defendant.

    Drug Possession

    Texas laws on drug possession are contained in the Texas Penal Code and the Texas Controlled Substances Act. Drug possession charges can produce very serious legal consequences, including incarceration and financial penalties.

    Depending on the drug, the amount of drugs involved, and the defendant’s criminal record, simple drug possession is punishable by anything from a minor offense to a serious crime. If the drug possession charge is comprised of an attempted distribution, more severe penalties may apply. Possession of drug paraphernalia can result in additional criminal charges.

    The manner in which drugs are hidden, the presence of large amounts of money, and the seizure of drugs in connection with the commission of another crime can also escalate the severity of the penalties for criminal charges. Possession of less than two ounces of marijuana is punishable by up to six months in a county jail. A conviction for cocaine, heroin, or methamphetamine is punishable by a minimum of two years in prison.