Frisco, TX Drug Crimes Defense Attorneys

Skilled Lawyers Defending Against Drug Charges in Frisco, Texas

Offenses related to controlled substances may be prosecuted aggressively in Texas. Whether a person is charged with simple possession or a more serious offense like drug manufacturing or drug trafficking, the legal consequences can be severe. A conviction can lead to jail or prison time, steep fines, a permanent criminal record, loss of professional licenses, and limitations on future employment and educational opportunities.

The attorneys at Barbieri Law Firm defend clients in Frisco who have been arrested or charged with drug offenses ranging from misdemeanor drug possession to felony charges for drug distribution or manufacturing or federal charges for drug trafficking. By thoroughly examining the evidence, evaluating the potential options for defense, and advocating for our clients throughout the legal process, we work to achieve results that will help to minimize or eliminate the impact of these charges.

Common Drug Charges and Circumstances That Could Lead to Arrests

Texas law prohibits the possession, distribution, manufacture, and trafficking of controlled substances. Charges may arise from a variety of circumstances, including traffic stops, home searches, undercover operations, or digital surveillance. Substances commonly involved in these cases include marijuana, cocaine, heroin, methamphetamine, fentanyl, LSD, MDMA, and unauthorized prescription medications.

People may be arrested and charged with drug possession if law enforcement officers find a controlled substance on their person, in their vehicle, or in a location over which they are believed to have control. A person does not need to be caught using the drug to be charged—mere possession is enough if it can be linked to them.

A possession charge may be elevated to possession with intent to distribute when certain factors are present, such as:

• Large quantities of a controlled substance
• Scales or packaging materials
• Substantial amounts of cash
• Communications indicating drug transactions
• Observations by law enforcement suggesting that a person is participating in ongoing sales of drugs

The presence of these factors can turn a misdemeanor into a felony and significantly increase the potential penalties.

Penalties for Manufacturing or Sales of Drugs

Drug distribution and manufacturing charges carry serious consequences under Texas law. A person may face state jail felony charges in cases involving low quantities of controlled substances in Penalty Group 1, and they could be sentenced to between six months and two years in jail. Cases involving mid-level quantities may lead to third-degree or second-degree felony charges, with potential prison sentences ranging from two to 20 years. First-degree felony charges may apply in cases involving large-scale manufacturing or delivery, especially involving substances like methamphetamine or fentanyl. The penalties in these cases may stretch from five to 99 years in prison.

When Drug Charges May Lead to Federal Prosecution

In some cases, a person may face federal charges for drug trafficking. These charges may apply when:

• A person is accused of transporting drugs across state lines or international borders
• The alleged activity involves a large drug distribution network
• Federal agencies such as the DEA or FBI are involved in the investigation of drug trafficking operations

Federal drug offenses will often carry harsher penalties than state charges. Mandatory minimum sentences will apply in many cases, especially when the amounts of the drugs involved in a case exceed certain thresholds. Federal convictions will typically require defendants to serve a greater portion of their sentence, with limited opportunities for parole.

Defense Strategies for Drug Charges

Every drug case involves unique facts, and the attorneys at Barbieri Law Firm will carefully evaluate all available evidence to build an effective defense. Some of the strategies that we have used successfully in the past include:

• Challenging Evidence and Procedural Violations: If law enforcement conducted an illegal search, did not have a valid warrant when performing a raid or arrest, or failed to follow the proper procedures during questioning, critical evidence may be suppressed. Without that evidence, the prosecution may be unable to proceed with the case.
• Mistake of Fact: In cases where a person was unaware of the presence of drugs or where a substance was misidentified, our lawyers may argue that they did not knowingly possess a controlled substance. This may be a valid defense when drugs are found in shared spaces such as vehicles or apartments.
• Intoxication Defense: We may argue that a defendant was so impaired at the time of the offense that they could not form the required intent to commit a crime. This may be relevant in cases involving involuntary intoxication or mental health issues.
• Affirmative Defenses: Certain circumstances may support an affirmative defense, in which a person acknowledges that they committed the conduct in question but argues that their actions were legally justified. Our attorneys may argue that a person was under duress and was forced to participate in an offense under threat of harm or that he offense was committed out of necessity.
• Negotiation and Plea Bargains: Our lawyers may negotiate with prosecutors to reduce the charges or penalties. This may involve pleading to a lesser offense or agreeing to participate in a rehabilitation program in exchange for leniency.
• Deferred Adjudication and Diversion Programs: For first-time offenders or people charged with low-level drug offenses, deferred adjudication may be available. This will allow a defendant to avoid a conviction by complying with court-ordered terms such as counseling, drug testing, or community service. Upon successful completion, the case may be dismissed, and the person's record may later be sealed or expunged.

Contact Our Frisco, Texas Drug Charges Defense Lawyers

When you have been charged with a drug offense, you need an experienced attorney who can assess the circumstances of your case, challenge the prosecution's evidence, and fight for the most favorable resolution possible. Whether you are facing state charges for drug possession or federal prosecution for drug trafficking, the legal team at Barbieri Law Firm is prepared to defend your rights. Contact our Frisco drug crimes attorneys at 972-424-1902 to arrange your free consultation.