It is illegal in all 50 states to possess, sell, or traffic cocaine. Depending on the amount of drugs law enforcement discovers in your possession, the penalties could be incredibly severe. Texas has some of the strictest cocaine laws in the country — getting caught with even a few grams of the substance can lead to a felony conviction, leading to prison, fines, and a permanent criminal record.
If you have been charged with the possession of cocaine or an even more severe offense, don’t despair. Remember that you are always presumed innocent until proven guilty, and the prosecutor must prove your guilt beyond a reasonable doubt. Even if the prosecution has a strong case against you, an experienced criminal defense attorney could still help get the charges against you reduced.
The key to a successful outcome is to hire the right attorney to defend you. Dallas drug crime defense attorney RJ Harber is a former prosecutor who knows how to defend those who are accused of drug crimes including the possession or sale of cocaine in Texas. He will use every legal tool at his disposal to help get your charges dropped or reduced.
Call the Law Offices of RJ Harber at (214) 389-1189 to schedule a 100% free case evaluation with Attorney Harber today.
Possession of Cocaine in Texas
Under Texas law, the penalties for possession of cocaine depend on the amount of cocaine found on the person at the time of the arrest. Any cocaine possession, regardless of amount, is considered a felony offense.
- Less than 1 gram: State jail felony; fine of up to $10,000; up to 2 years in prison
- Between 1 gram and 4 grams: Third-degree felony, fine of up to $10,000; 2 to 10 years in prison
- Between 4 grams and 200 grams: Second-degree felony; fine of up to $10,000; 2 to 20 years in prison
- Between 200 grams and 400 grams: First-degree felony; fine of up to $10,000; 5 to 99 years in prison
- 400 grams or more: Enhanced first-degree felony, fine of up to $100,000; 5 to 99 years in prison
Texas Laws on Manufacturing/Selling Cocaine
Texas also takes manufacturing and selling cocaine very seriously. Although these are different offenses, the punishments for the two crimes are quite similar. Like possession, the punishment depends on the amount of cocaine produced/sold.
- Less than 1 gram: State jail felony; fine of up to $10,000; 180 days to 2 years in prison
- Between 1 gram and 4 grams: Second-degree felony; 2 to 10 years in prison
- Between 4 grams and 200 grams: First-degree felony; fine of up to $100,000; 10 to 99 years in prison
- Between 200 grams and 400 grams: First-degree felony; fine of up to $100,000; 10 to 99 years in prison
- 400 grams or more: First-degree felony; fine of up to $250,000; 15 to 99 years in prison
Cocaine Defense Strategies
Although cocaine possession, manufacturing, and distribution are serious allegations, an experienced defense attorney can help you reduce or even get rid of your charges. For example, if authorities found the cocaine during an illegal search or seizure, the court will suppress this evidence and the prosecutor’s case will be severely damaged.
Americans are constitutionally protected from illegal searches and seizures by the police. This is called the “right to privacy”, and is guaranteed by the Fourth Amendment to the U.S. Constitution. This means that officers are required to have “probable cause” to believe that you have drugs or are engaging in illegal activity before pulling your car over or searching you. If you were pulled over for a routine traffic violation and weren’t behaving suspiciously, they would have no right to search you or your vehicle.
Deferred Adjudication
If your cocaine arrest was your first felony charge, you may be eligible for something called “deferred adjudication”. This is a plea deal in which you accept the charges against you in exchange for a punishment in which you don’t have to go to prison. You may have to agree to attend drug counseling programs, perform community service, and be on probation. If you successfully complete your deferred adjudication program, the charges against you will be dismissed.
Frequently Asked Questions
These are some of our most commonly asked questions about cocaine arrest charges. If you have any additional questions, please do not hesitate to contact us at (214) 389-1189 for a free case evaluation.
When Can a Police Officer Search Me or My Vehicle?
Usually, authorities need a court-ordered warrant to search private property if you do not give permission. However, in a cocaine case, they can search your vehicle if they have “probable cause” to believe that you have committed a drug crime and there is evidence of that crime in your vehicle. An officer may have probable cause to search your vehicle if they can see cocaine or other drugs in your car, or if they can see drug paraphernalia.
What if I Was Unknowingly in Possession of Cocaine?
To be convicted on a cocaine charge, you must have been knowingly in possession of the drug. For example, if you were unaware that a passenger in your vehicle brought cocaine with them, you could use this in your defense.
Why Do I Need to Hire a Lawyer to Fight My Cocaine Charge?
An experienced defense attorney is crucial in successfully fighting your cocaine charge. As mentioned, being caught with any amount of cocaine is a felony, and can result in serious prison sentences and/or fines. A high-quality defense attorney, like RJ Harber, has the experience and resources to know exactly how to defend you and reduce your charge as much as possible. Navigating legal concepts such as probable cause and deferred adjudication require an attorney’s expert knowledge.
Contact Us Today
If you have been arrested for possession, manufacturing, or sale of cocaine, you may be feeling extremely stressed and unsure of your next steps. Although this is a serious crime, there are many highly effective defense strategies. RJ Harber will be at your side to fight these charges with you and will do everything in his power to get your charges reduced or dropped.
Give us a call today at (214) 389-1189 to schedule your 100% free consultation with Attorney Harber.