Drug Trafficking Attorney San Marcos

Understanding Drug Trafficking Laws in San Marcos

If you are facing drug trafficking charges in San Marcos, it is crucial to seek experienced legal representation. The Law Offices of David C. Hardaway offers dedicated defense strategies to protect your rights and work toward a favorable resolution of your case. Drug trafficking is a serious offense in Texas and federally, with severe consequences that can alter your life. As a trusted San Marcos drug trafficking defense lawyer, we understand the complexities of these charges and will guide you through the legal process with care, providing the defense you deserve.

Let us get started on your defense by calling (512) 846-9966 or filling out our online contact form today.

What is Drug Trafficking?

Drug trafficking refers to the illegal distribution, transportation, or sale of controlled substances. It involves the manufacturing, importing, or exporting of illegal drugs, which can span local, interstate, or international boundaries. In Texas, drug trafficking offenses can involve substances such as cocaine, heroin, methamphetamine, marijuana, or prescription drugs that are unlawfully distributed.

Drug trafficking is distinct from drug possession because it typically involves larger quantities of controlled substances or the intent to distribute. Law enforcement agencies and prosecutors view these offenses as highly severe, often leading to heightened penalties.

If you are charged with drug trafficking, you must act quickly to ensure you receive strong legal counsel. The Law Offices of David C. Hardaway is here to provide expert defense services tailored to your unique case.

Texas Drug Trafficking Laws & Penalties

In Texas, drug trafficking charges are governed by both state laws and federal regulations. The state has stringent laws concerning the possession, distribution, and trafficking of controlled substances. Texas uses a penalty group system to classify different types of drugs, and the penalties vary based on the type and quantity of the substance involved.

Penalty Groups in Texas

• Penalty Group 1: This includes substances such as heroin, cocaine, and methamphetamine. Trafficking in large quantities of these drugs carries the most severe penalties.
• Penalty Group 2: This includes substances like ecstasy and other synthetic drugs.
• Penalty Group 3 & 4: These groups generally include prescription drugs, marijuana, and other substances that are not classified as highly addictive or dangerous.

The penalties for drug trafficking in Texas can be severe, with consequences based on the amount of the controlled substance involved:

• Possession of 1-4 grams (Penalty Group 1): Up to 20 years in prison and a fine of up to $10,000.
• Possession of 4-200 grams (Penalty Group 1): 2-20 years in prison and a fine of up to $10,000.
• Possession of 200-400 grams (Penalty Group 1): 5-99 years in prison and a fine of up to $50,000.

These penalties escalate for larger amounts and different drugs. It is crucial to seek the assistance of a skilled San Marcos drug trafficking defense lawyer to mitigate these charges and work towards a more favorable outcome.

Federal Drug Trafficking Laws & Penalties

In addition to state charges, individuals accused of drug trafficking may also face federal charges. Federal law comes with its own set of rules and penalties that often exceed those of the state. Drug trafficking is a federal offense when the crime crosses state lines or involves controlled substances that are under federal jurisdiction.

Federal drug trafficking charges are governed by the Controlled Substances Act (CSA). The penalties for federal drug trafficking offenses are based on the type and quantity of drugs involved and whether the individual has a history of prior convictions. For example:

• Heroin, Cocaine, Methamphetamine: Federal penalties for trafficking in these substances may carry a sentence of 10 years to life in prison, and fines can reach $10 million or more, depending on the amount and circumstances.
• Marijuana: While marijuana laws are evolving in many states, trafficking in marijuana at the federal level can still lead to severe penalties, including prison sentences ranging from 5 to 40 years, depending on the quantity involved.

A conviction for drug trafficking at the federal level can be devastating. If you are facing federal drug trafficking charges, the stakes are incredibly high. Our legal team at The Law Offices of David C. Hardaway is highly experienced in both state and federal drug trafficking cases and can provide you with aggressive representation.

Legal Defenses to Drug Trafficking Charges

If you’ve been charged with drug trafficking in San Marcos, it’s important to understand that there are multiple defenses that a skilled attorney can use to challenge the prosecution’s case. Some common defenses against drug trafficking charges include:

Lack of Knowledge or Intent

One of the most common defenses is that you were unaware of the drugs being in your possession. For example, if the drugs were found in your vehicle or home without your knowledge, you may have a defense based on lack of intent or knowledge that the substances were illegal.

Unlawful Search and Seizure

If law enforcement officers violated your rights during the arrest or investigation—such as conducting an illegal search without a warrant or probable cause—evidence obtained unlawfully may be inadmissible in court. An experienced San Marcos drug trafficking defense lawyer can argue for the suppression of illegally obtained evidence, which can lead to a dismissal of charges.

Mistaken Identity

In some cases, people may be falsely accused of drug trafficking due to mistaken identity. If the evidence or witness testimony is unreliable, a skilled attorney can challenge the credibility of the evidence.

Entrapment

Entrapment occurs when law enforcement officers coerce or pressure you into committing a crime that you otherwise would not have committed. If you were entrapped into engaging in drug trafficking activities, it may be possible to have the charges reduced or dismissed.

Lack of Evidence

In many drug trafficking cases, the prosecution must prove beyond a reasonable doubt that you intended to traffic drugs. If there is insufficient evidence to demonstrate your involvement in trafficking activities, your San Marcos drug trafficking defense lawyer can argue for a reduction in charges or dismissal.

Why Choose The Law Offices of David C. Hardaway as Your Drug Trafficking Lawyer in San Marcos?

At The Law Offices of David C. Hardaway, we pride ourselves on our commitment to providing personalized legal care rooted in integrity and accessibility. Clients choose us because of our transparent communication and dedication to putting their interests first. When facing drug trafficking charges, it is essential to have a defense team that offers honest assessments and develops well-informed legal strategies, ensuring your rights are protected.

• Open Communication: We provide our clients with the personal cell numbers of our attorneys to ensure questions and concerns are addressed promptly, any time of day or night.
• Personalized Service: Our approach is tailored to each client's unique situation, focusing on building trust through responsible advice and flexible payment plans.
• Focused Defense: Our commitment to fighting hard for just outcomes ensures that we prioritize your case's unique nuances and complexities.

Choosing The Law Offices of David C. Hardaway also provides access to a network of experts, from private investigators to forensic analysts, who work collaboratively to strengthen your defense. This holistic approach not only bolsters your case but also ensures all possible angles are explored for the best possible outcome.

Contact us at (512) 846-9966 for a confidential consultation. Let us fight for your future while providing the support and guidance you need during this challenging time.