The state of Texas takes drug offenses very seriously, and so should you. Penalties for drug offenses in Texas are among the harshest in the country, with drug offenders receiving hefty fines and up to life in prison. After seeing scores of people receive unjust treatment in the Texas justice system, Kyle Whitaker—drug lawyer Fort Worth—switched from prosecuting to defending people facing drug charges.
As a former Tarrant County Assistant District Attorney, Mr. Whitaker prosecuted thousands of drug cases during the course of his career. Tired of seeing law enforcement trample on the rights of citizens facing drug possession charges in Texas, he opened The Law Office of Kyle Whitaker, where he has practiced as a drug possession lawyer and criminal defense attorney since 1998.
Mr. Whitaker and his experienced criminal defense team defend people in the state of Texas who are facing misdemeanor and felony drug charges, such as:
- Drug possession
- Possession of drug paraphernalia
- Drug dealing
- Drug trafficking
- Drug manufacturing or cultivation
What to expect when you hire a drug charge lawyer from The Law Office of Kyle Whitaker
Too many people end up incarcerated because they don’t understand their rights or hire an experienced drug charge lawyer. When you retain a drug charges attorney from our firm, you get a lawyer who knows how to navigate the Texas legal system and can go toe to toe with the DA’s office and federal prosecutors.
As a client of The Law Office of Kyle Whitaker, you also can expect us to listen with an open mind, tell it to you straight, fight vigorously to protect your rights and treat you with compassion, dignity and respect. If you’re seeking a possession of marijuana lawyer Fort Worth, you can also feel confident that we will recommend a legal strategy that best fits both the timing and circumstances of your individual case.
Timing matters: You need a Fort Worth drug possession lawyer who thinks strategically
Should it be in your best interest to enter drug treatment right away, a drug possession attorney from our firm will advocate on your behalf to the Court to allow you the time and opportunity to receive help. Alternatively, if you’re thinking, “I just want to get things over with” but we know it’s best to wait due to pending drug legislation—which we watch closely—our firm will take steps to slow things down.
Our firm also keeps tabs on local law enforcement. If we know the officer who arrested you is getting a reputation or under investigation for misbehavior, our strategy would likely be to stall. When a police officer is found guilty of misbehavior that could affect their ability to testify, the cases that he or she touched may get dismissed—and if they do not—the outcomes of those cases often result in more favorable treatment for the accused.
You should NOT go to jail for simple possession
Unfortunately, people regularly end up jailed for years on relatively minor drug charges. They accept plea bargains they shouldn’t and don’t fight back when they should. If you have been accused of drug possession or any other drug charge, you do have options!
For example, Tarrant County offers diversion programs that allow some people with substance abuse problems to receive treatment instead of punishment. The Tarrant County Adult Drug Court Program D.I.R.E.C.T. (Drug Impact Rehabilitation Enhanced Comprehensive Treatment) is just one of those options. A drug charges attorney at our firm can review the options available to you.
Our attorneys will also carefully review your case, starting with the arrest. Was it a traffic stop? Did the police search your home? Was there a warrant, and did the search stay within the bounds of the warrant? The police often make mistakes in these cases, and when a mistake infringes upon your constitutional rights, that could render certain evidence inadmissible. Even if the police did obtain evidence correctly, it needs to be examined. All too often, the evidence is not what it appears to be.
Fort Worth drug possession lawyer FAQs about drug charges in Texas
Is drug possession a felony in Texas? Penalties for drug possession in Texas vary from misdemeanors to felonies, depending upon several factors, including:
- Type of drug
- Quantity of drug
- If paraphernalia was found with drugs in possession
- Location of the drug and how it was stored
- Whether drug was found with a large sum of money
- Past offenses or convictions of individual charged
What is the penalty for marijuana possession in Texas? The state of Texas treats marijuana possession differently than other controlled substances. Persons carrying 2 oz. or less face up to 180 days in jail and up to a $2,000 fine. Those possessing more than 2 oz. may be charged a fine of $4,000 to $10,000 and face jail time of six months to life, depending upon the quantity of marijuana. An experienced possession of marijuana lawyer Fort Worth may be able to help you avoid or minimize jail time and fines.
What are the penalties for other types of drugs in Texas? In accordance with the Texas Controlled Substances Act, Texas established the types of charges (felonies, misdemeanors) and penalties for six different illegal substance penalty groups. These include:
- Penalty Group 1—Opiates, such as cocaine, heroin, methamphetamine. A felony with penalties for possession range from 6 months in a state jail facility to life in prison and fines up to $100,000, depending on the quantity of the drug.
- Penalty Group 1A—LSD. A felony with penalties for possession range from 6 months in a state jail facility to life in prison and fines up to $250,000, depending on the quantity of the drug.
- Penalty Group 2—Hallucinogenics, such as ecstasy, PCP, mescaline. A felony with penalties for possession range from 6 months in a state jail facility to life in prison and fines up to $50,000, depending on the quantity of the drug.
- Penalty Group 2A—Synthetic compounds of Group 2. A misdemeanor (for less than 4 oz.) or a felony (for more than 4 oz.) with penalties for possession ranging from minimal days in a county jail to life in prison and fines up to $50,000, depending on quantity of the drug.
- Penalty Groups 3 and 4—Chemical compounds from common prescription drugs, such as Codeine, Valium, Ritalin. A misdemeanor (less than 28 grams) to a felony (for more than 28 grams) with penalties for possession ranging from minimal days in a county jail to life in prison and fines up to $50,000, depending on quantity of the drug.
Penalties for manufacturing, transporting and distributing of illegal substances (or the intent to do so) are different than those for possession. Your drug charge lawyer can explain the potential penalties that may apply to your specific case.
The decisions you make today could impact your life forever—put your future in capable hands
With more than 25 years of experience handling drug cases in Texas, people often refer to Kyle Whitaker as the best drug lawyer Fort Worth. Should you need a drug charge lawyer, Mr. Whitaker and his team of criminal defense attorneys, paralegals and support staff are here to listen, strategize and help you secure a just and favorable outcome in your case.
Don’t leave your future to chance if you’re facing drug possession charges in Texas. To schedule a free consultation with a drug attorney Tarrant County, call our office at (817) 332-7703 or contact us online.