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If you are facing a felony drug charge in Dallas, you have probably spent days, weeks, or months feeling stress about what might happen to your future. You are not alone. Many good people find themselves in difficult situations, and the consequences can be severe. But help is on the way. Our award-winning Dallas felony drug charges lawyer at The Carmichael Law Firm PC can help you secure a brighter future and protect you through every step of your case.

We understand the complexities of Texas drug laws and are dedicated to providing aggressive and effective defenses for individuals facing felony drug charges. Contact us today to schedule a case review.

What Is a Felony Drug Charge in Texas?

In Texas, drug offenses are classified based on the type and amount of a controlled substance involved and what the State alleges you intend to do with it. Types of felony drug offenses include:

  • Possession of a controlled substance,
  • Manufacture of a controlled substance,
  • Delivery of a controlled substance,
  • Possession of certain chemicals with an intent to manufacture a controlled substance,
  • Transport of certain chemicals with an intent to manufacture a controlled substance,
  • Possession of drug paraphernalia,
  • Delivery of drug paraphernalia, and
  • Unlawful transfer or receipt of a chemical precursor.

There is a lot of nuance and detail involved in prosecuting these crimes. The context of any drug-related activity alleged can mean the difference between walking out of court a free person or spending significant time in prison. Our Dallas felony drug charges attorney has been handling drug cases for years and can pinpoint all the weaknesses in the prosecution’s case.

What counts as a controlled substance? The list is quite long and filled with a series of chemical names that are hard to pronounce. A handful of controlled substances that could cause a felony conviction include the following: 

  • Cocaine,
  • Heroin, 
  • LSD,
  • Methamphetamine, 
  • Crack cocaine,
  • PCP,
  • Marijuana (marihuana), and 
  • Certain prescription drugs (e.g., opioids). 

The amount of drugs or chemicals that trigger a felony charge varies depending on the substance.

Potential Penalties for a Felony Drug Conviction

The penalties for a felony drug conviction can be harsh. They may include:

  • Imprisonment—ranging from months in a state jail to life in prison;
  • Fines—substantial fines that can reach tens of thousands of dollars; and
  • Probation—supervised release with strict conditions.

Drug felonies can range from state jail felonies up to first-degree felonies. Many crimes involve an examination of factors that can quickly elevate a charge or punishment.

Factors that can increase the severity of a drug conviction penalty include:

  • The type and quantity of the drug,
  • Prior criminal history,
  • Whether anyone died as the result of the drug that was distributed,
  • Whether the offense occurred in a drug-free zone,
  • Whether a child was involved, and
  • Whether a weapon was involved.

Some prosecutors try to pile up charges and aggravating factors to increase their chances of getting a conviction on a lesser offense. We have the legal know-how and passion to help get inappropriate charges dropped before your case even goes to trial. 

Other Consequences of Felony Drug Charges

Beyond imprisonment and fines, a felony drug conviction can have long-lasting consequences, including the following:

  • Firearm restrictions. Under the law, many convicted felons are prohibited from possessing a firearm.
  • Professional licensing. The Texas Department of Licensing and Regulation may deny or revoke professional licenses for individuals with felony convictions.
  • Driver’s license denial or suspension. A drug conviction can lead to the denial or automatic suspension of your driver’s license.
  • Employment difficulties. Many employers conduct background checks, and a felony conviction can significantly hinder a person’s ability to find employment.
  • Housing issues. A rental company or landlord may deny housing to applicants with felony convictions.

Along with the potential for fines and jail time, we consider the above factors when developing a criminal defense strategy. Our Dallas felony drug charges lawyer wants to ensure all of your bases are covered to keep you out of the criminal justice system and free from complications in your personal and professional life.

Defenses Against Felony Drug Charges

The prosecution must prove all elements of a felony drug charge beyond a reasonable doubt to convict you. There are many opportunities in a felony drug case to undermine the prosecution’s arguments. Our skilled Dallas felony drug charges attorney can investigate your case and explore potential defenses, including:

  • Illegal search and seizure. If law enforcement violated your Fourth Amendment rights during an arrest or investigation, we can help you get the evidence suppressed.
  • Lack of probable cause or reasonable suspicion. If the police did not have a valid reason to stop or search you, the charges may be dismissed.
  • Entrapment. If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, entrapment can be a valid defense.
  • Lack of intent. Proving that you did not intend to manufacture or distribute the controlled substance in question might defeat the prosecution.
  • Chain of custody issues. Sometimes, successfully challenging the prosecution on whether they properly handled their evidence from the time of collection to the time of trial can be the key to a favorable verdict.
  • Faulty lab testing. Questioning the results of the drug testing may result in an acquittal.
  • Lack of corroborating evidence. A charge for unlawful delivery of a substance may fail if the prosecution does not have corroborating evidence from a source other than the person who was allegedly offered the substance. 

A felony drug case has many phases, and we can build the best defense to help you overcome every hurdle.

How The Carmichael Law Firm PC Can Help

At The Carmichael Law Firm PC, we provide:

  • Experienced legal representation,
  • Personalized attention,
  • Aggressive advocacy,
  • Thorough investigation,
  • Clear communication, and
  • Dedication to securing the best future for you.

Justin Carmichael is committed to defending the rights of individuals facing criminal charges in Texas. 

Ask for Our Help Today

The Carmichael Law Firm PC serves clients throughout Dallas and surrounding areas. We understand that good people make mistakes, and we are here to help you navigate the complexities of the legal system. If you or a loved one is facing felony drug charges in Dallas, contact us today for a confidential consultation. Let us help you protect your future.

Resource List

  • Texas Statutes, Health and Safety Code, §§481.115-119, link.
  • Texas Statutes, Health and Safety Code, §§481.112-114, link.
  • Texas Statutes, Health and Safety Code, §481.120, link.
  • Texas Statutes, Health and Safety Code, §481.124, link.
  • Texas Statutes, Health and Safety Code, §481.125, link.
  • Texas Statutes, Health and Safety Code, §481.136, link.
  • Texas Statutes, Health and Safety Code, §§481.102-105, link.
  • Texas Statutes, Health and Safety Code, §§481.134, link.
  • Texas Statutes, Health and Safety Code, §§481.141, link.
  • Can someone with a felony conviction own a gun? Texas State Law Library, link.
  • Guidelines for License Applicants with Criminal Convictions, Texas Department of Licensing & Regulation, link.
  • Texas Statutes, Transportation Code,  §521.372, link.
  • Reentry Resources for Former Prisoners, Texas State Law Library, link.
  • Texas Statutes, Penal Code §2.01, link.
  • Texas Statutes, Penal Code, §8.06, link.
  • Texas Statutes, Health and Safety Code, §481.182, link.

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