Qualified, personal representation for narcotics charges throughout Houston and Harris County, Texas
Since Texas and the United States government declared a “War on Drugs” in the 1970s, law enforcement and prosecutors have gone after drug-related crimes with zealotry and ferocity. As a result, it is not uncommon for drug possession and distribution allegations to involve lying police officers and informants, invalid search and arrest warrants, and “dry-labbing” (or falsifying) drug lab results.
To beat a drug charge, a lawyer must know the complex law surrounding searches and seizures as well as the “affirmative links” (or ties) of a defendant to the drugs. The stakes are high in these cases, and there is no substitute for the experience and skill of a qualified drug crime lawyer. Don’t take a chance – contact an experienced Houston criminal defense lawyer to discuss your case.
Neal Davis and his skilled legal team are experienced in a wide range of State and federal drug charges, including:
- Drug possession
- Drug trafficking
- Drug distribution
- Drug manufacturing
- Drug conspiracy
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(713) 227-4444
I have been arrested for a drug offense. What should I do?
“You should immediately contact an experienced attorney to protect your rights. If you can afford the bond and an attorney, then post the bond as well. If you cannot afford both, then spend your money on an attorney. Bond is a short-term gain; hiring the right attorney carries long-term consequences. While each case is different and involves its own unique set of facts, we’ve had a proven track record of obtaining extraordinary results in all types of cases. We’re proud of our record of dismissals in misdemeanors and felonies in State and federal court.”
Neal Davis
Charge:
Possession of cocaine with intent to distribute
Result:
Dismissed
Charge:
Operation of a marijuana grow house
Result:
Case Dismissed
Charge:
Possession of marijuana with intent to distribute
Result:
Dismissed
What others say
“Neal is the man. Neal has provided me with excellent defense in the past and he just got a felony evasion charge dismissed without me ever even seeing the inside of a courtroom or the faces of a Grand Jury. Neal and his associates are downright aggressive when it comes to defending your innocence. Thanks for everything”
Houston | Clients drug and felony evading arrest cases dismissed
Verified Customer
“My girlfriend and I got into some trouble, and I contacted Mr. Davis. He began to work on our case. One of the attorneys, Tyler Brock, was very helpful. Long story short, they got both our cases dismissed and are now going to get the case expunged! Thank you, Mr. Brock and Mr. Davis!”
Houston | Client’s drug case dismissed
Verified Customer
Experienced in all types of criminal drug charges
Drug crimes are prosecuted in the State and federal courts in Texas. Determining the sentence for a drug offense is complicated and based on numerous factors, including the type of drug in question, the amount of the drug, intention for which the drug was used (e.g., mere possession v. distribution) and the location of the transgression (e.g., a school zone).
Marijuana possession
The state of Texas and the federal government define marijuana – also called weed, herb, pot, grass, bud, ganja, Mary Jane, and a vast number of other slang terms – as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” It is a Schedule I controlled substance that is illegal to possess, use or distribute. Anyone caught with a “usable” amount of marijuana is subject to fines, mandatory drug rehabilitation and/or imprisonment.
Cocaine possession
Being convicted of cocaine possession or distribution can have a disastrous impact on your life, family, job and reputation. For over 400 grams of cocaine, the punishment range in Texas is 10 years to 99 years (or life)-higher than for a murder charge. If you or someone you know has been accused of possession or distribution of cocaine, you should contact a drug possession attorney immediately to protect your constitutional right to a zealous defense.
Drug offense felony
In some cases, a drug offense is also connected to another crime, such as carrying a gun, which makes the punishment even more severe. Drug cases may also be enhanced if the defendant is a repeat offender, or if the defendant was caught trafficking, possessing or distributing controlled substances in large quantities.
Large scale cases
Drug cases involving a large amount of drugs, or a conspiracy with others, often lead to federal charges. A defendant charged in federal court often faces pre-trial detention, with no chance of bond, and stiff mandatory minimum prison sentences. In federal drug cases, it is imperative that you hire a drug lawyer who is licensed in the federal court and has experience handling cases there.
Possession of controlled substances
In addition to marijuana and cocaine, numerous other illegal drugs can lead to possession or distribution charges. These “controlled substances” include synthetic drugs, heroin, methamphetamine, oxycodone, hydrocodone, ketamine, ecstasy, LSD, crystal meth as well as certain prescription drugs like Valium and Hydrocodone. Depending on the substance and amount found, individuals charged with possession or distribution of a controlled substance can face up to a $250,000 fine, random drug tests, rehabilitation and anywhere from 180 days to 99 years (or life) in jail.
Manufacturing of controlled substances
Growing, processing or manufacturing a controlled substance is a criminal act according to Section 481 of the Texas Health and Safety Code. Penalties for such a crime depend on which group the substance falls into. The most severe punishments are reserved for producing Group 1 drugs, such as methamphetamine and cocaine. Processing pharmaceutical drugs like Valium, Ritalin and Codeine have less severe consequences. Marijuana is in its own Miscellaneous group, meaning the punishments can vary, from fines to probation to imprisonment.
Drug trafficking & distribution
Whether charged with trafficking of marijuana, cocaine, prescription drugs or another controlled substance, the consequences are almost always severe – from losing a driver’s license to spending up to life in prison. Such a devastating punishment can have lifelong repercussions on your freedom and reputation, not to mention employment and your family. If you have been accused of distribution of an illegal substance, contact a drug offense lawyer immediately. An experienced drug trafficking attorney can help negotiate the best possible outcome in your case.
What to do if police find drugs that aren’t yours
Often, when police find drugs in a home or vehicle, the owner or occupant is the primary suspect. Unless that person can prove on the spot that someone else had access to the area and may be the owner of the drugs, they will likely be arrested.
If this happens to you, it’s important to not resist arrest but instead be polite and respectful. At the same time, avoid offering any information other than your identity. Indeed, it’s best not to answer any police questions until you get an attorney to represent you. Otherwise, you may say things that could be used against you at a later time during your defense.
Keep in mind that even if you’re arrested and charged with drug possession, you may be able to get the charge dismissed at a later time with help from a skilled drug possession defense lawyer. Your attorney can find evidence to build a case that the drugs did, in fact, belong to someone else.
Possible drug possession defenses
To start, your defense lawyer can work to establish that you weren’t the only person with access to the home, vehicle or other place where illicit drugs were found. That way, it could be suggested—if not established—that someone else owned the drugs.
Prosecutors have the burden of proving that the drugs found or seized by police did in fact belong to you. Establishing that another person or other people had access to the place where drugs were found is one way to refute this.
Your defense lawyer can also fight to prove several other things in your defense. These include proving that:
- You didn’t know the drugs were present.
- You didn’t know the drugs were illegal (perhaps they were doctor-prescribed).
- Police lacked the legal right to search you or your property.
If police didn’t have “probable cause” to search your home, your car or your person for drugs, then that was an illegal search, and the evidence would be disregarded. Your protection from searches without probable cause is provided by the Fourth Amendment of the U.S. Constitution.
Lastly, if you have no previous drug charges on your criminal record, your prior history can also be cited to assert that you should not be suspected of possessing drugs.
Important questions to dispute a drug charge after getting pulled over by police
Sometimes, the police lie. And it’s the job of a defense attorney to catch law enforcement when they fib or stretch the truth.
So how do we show that police lack credibility in a traffic stop?
We need to conduct our own investigation by asking some of the following questions:
- What was the actual posted speed limit?
- Was the police radar properly calibrated, or did it have any maintenance issues?
- How could a cop smell marijuana “through the door” when the windows are up?
- Could the two people pass a drug test, or was there a lack of evidence of consumed marijuana (e.g., remnants of joints) in the car, indicating no marijuana was smoked and the cop was lying about smelling it?
- Did the cop have any prior disciplinary problems?
- Does any video or audio from the patrol car contradict the cop’s claims (it often does)?
- Whose name is the car in, and how will the prosecutor prove the two occupants knew what was in the trunk (if other family members or friends had access to your car, would you always know what they put in your trunk)? This is called “affirmative links,” and there are a host of factors that courts are supposed to consider.
- Was there a confidential informant involved, and were police using speeding as an excuse to stop the defendants? Prosecutors hate to “burn” or disclose the identification of a confidential informant, and good drug lawyers know to aggressively pursue this identification.
Enlisting the help of a criminal defense attorney who has experience in successfully handling drug cases and can ask these and other important questions ensures that a court doesn’t simply buy into police claims of what occurred.
Why hire Houston drug offense lawyer Neal Davis?
For over 25 years, Houston criminal defense attorney Neal Davis has fought for the best possible outcome in cases all throughout the country, in State courts to federal courts and on appeal. He prides himself on treating each client with respect and giving them the personal attention and experienced defense that they deserve.
Through his ability to effectively communicate with judges, prosecutors and juries, as well as his reputation for aggressively representing his clients, Neal has often successfully negotiated a favorable resolution without the need for a trial.
