What are Drug Crimes in Arlington, Texas?
Drug crimes in Arlington involve the unlawful manufacture, distribution, purchase, use, and possession of illicit and controlled substances such as marijuana, cocaine, methamphetamine and heroin. The punishments for drug crimes in Arlington can be severe and can have long-lasting consequences for the defendant if found guilty. The court will usually impose penalties based on the nature of the drug crime and the quantity of drugs used, produced, distributed, or found in possession of the defendant. Some of the punishments for drug crimes in Arlington include prison sentences, hefty fines, compulsory drug addiction treatment, community service, permanent criminal record, suspension/revocation of driver's license, and registration on criminal offender lists.
Drug charges in Arlington usually involve a variety of drug offenses, including:
- Drug possession: It is unlawful to be in possession of illicit or controlled drugs in Arlington. Residents of Arlington will be charged with drug possession if they are caught with illegal substances such as cocaine on their person or property. A person may also be charged with this offense if illegal drugs are found in their homes or cars.
- Possession with intent to distribute: The difference between drug possession and possession with the intent to distribute is determined by the volume of illicit drugs found on a suspect. If drugs are discovered in sufficient volumes, law enforcement can treat a suspect as having the intent to distribute such drugs. This is considered a more serious drug crime as Arlington is stricter on drug peddling.
- Drug trafficking or distribution: A person charged with drug trafficking or distribution is accused of being involved in the transportation of controlled substances and illegal drugs. Drug distribution offenses are considered serious offenses in Arlington, and the prosecution works tirelessly to convict individuals. This offense attracts lengthy jail sentences and hefty fines.
- Drug Manufacturing: The manufacturing and production of illegal drugs is another drug crime in Arlington. Individuals found or caught in the process of producing an illegal drug will face prosecution under this charge.
- Drug Paraphernalia: Prosecutors in Arlington also fight strongly against drug paraphernalia. Drug paraphernalia are tools or items used to consume, inject, or preserve illegal drugs. These items include syringes, rolling papers, bongs, or any object tied to the use and distribution of drugs. Depending on how drug paraphernalia is found, with or without quantities of illicit drugs, a person may be charged with possession charges and intent to distribute.
- Conspiracy: Conspiracy charges can arise from a variety of offenses. However, when charged in relation to a drug offense, a conviction could bring about the same penalties as a conviction for a drug crime. In Arlington, a conspiracy charge in relation to a drug offense involves a situation where two or more people agree to commit a drug crime. A drug conviction can be difficult on the defendant and affect their ability to secure housing, hold a job, and participate in civic responsibilities such as voting or owning a firearm.
If charged with any of the above drug offenses, the defendant can employ the services of a competent criminal defense lawyer with expertise in defending drug crimes in Arlington. Such a lawyer will assist in providing a good defense strategy that would help to diminish or dismiss the charges brought by the prosecution.
What are the Penalties for Drug Crimes in Arlington, Texas?
The punishments for drug crimes in Arlington are quite severe and would usually depend on the type and quantity of drugs unlawfully handled by the defendant. Drugs or controlled substances are categorized into six groups, namely: Penalty Group 1, Penalty Group 1A, Penalty Group 2, Penalty Group 2A, Penalty Group 3, and Penalty Group 4. Marijuana, however, falls under a separate category with different penalties.
| Penalty Group | Examples of Drugs | Punishments |
| Group 1 | Heroin, ketamine, cocaine, methamphetamine, opioids used as painkillers such as codeine, oxycodone and hydrocodone, opium poppy, and methadone.
| Less than 1 gram: 180 days to two years imprisonment and a fine of up to $10,000.
More than 1 gram and less than 4 grams: two to 10 years imprisonment and a fine of up to $10,000.
More than 4 grams and less than 200 grams: two to 20 years imprisonment and a fine of up to $10,000.
More than 200 grams and less than 400 grams: five to 99 years imprisonment and a fine of up to $100,000
400 grams or more: 10 to 99 years imprisonment and a fine of up to $100,000.
|
| Group 1A | Lysergic Acid Diethylamide (LSD) and every variant of it. | Penalties depend on dosage units.
Less than 20 units: 6 months to two years imprisonment and a fine of up to $10,000.
More than 20 units and less than 80 units: two to 10 years imprisonment and a fine of up to $10,000.
More than 80 units and less than 4,000 units: five to 20 years imprisonment and a fine of up to $10,000.
4,000 or more units: 15 to 99 years imprisonment and a fine of up to $250,000. |
| Group 2 | Ecstasy, Marinol, Phencyclidine (PCP), Mescaline, Phenylacetone. | Less than 1 gram: 180 days to two years imprisonment and a fine of up to $10,000.
More than 1 gram and less than 4 grams: two to 10 years imprisonment and a fine of up to $10,000.
More than 4 grams and less than 400 grams: two to 20 years imprisonment and a fine of up to $10,000.
400 grams or more: five to 99 years imprisonment and a fine of up to $50,000. |
| Group 2A | Cannabinol Derivatives.
| Less than one gram: 180 days to two years imprisonment and a fine of up to $10,000.
More than 1 gram and less than 4 grams: two to 10 years imprisonment and a fine of up to $10,000.
More than 4 grams and less than 400 grams: two to 20 years imprisonment and a fine of up to $10,000.
400 grams or more: five to 99 years imprisonment and a fine of up to $50,000. |
| Group 3 | Nalorphine, dextropropoxyphene, Peyote, anabolic steroids, benzodiazepines, depressants, stimulants, and sedatives such as Ritalin, Xanax, and Valium.
| Less than 28 grams: Maximum prison sentence of one year and a fine of up to $4,000.
More than 28 grams and less than 200 grams: two to 10 years imprisonment and a fine of up to $10,000.
More than 200 grams and less than 400 grams: two to 20 years and a fine of up to $10,000.
400 grams or more: five to 99 years imprisonment and a fine of up to $50,000.
|
| Group 4 | Pyrovalerone, Morphine, Buprenorphine or Butorphanol, Motofen, and other non-narcotic medicinal compounds.
| Less than 28 grams: Maximum prison sentence of 6 months and a fine of up to $2,000.
More than 28 grams and less than 200 grams: two to 10 years imprisonment and a fine of up to $10,000.
More than 200 grams and less than 400 grams: two to 20 years imprisonment and a fine of up to $10,000.
400 grams or more: five to 99 years imprisonment and a fine of up to $50,000. |
| Marijuana. | Less than 2 ounces: Maximum prison sentence of 6 months and a fine of up to $2,000.
More than 2 ounces and less than 4 ounces: Maximum prison sentence of a year and a fine of up to $4,000.
More than 4 ounces and less than 5 pounds: 180 days to two years imprisonment and a fine of up to $10,000.
More than 5 pounds and less than 50 pounds: two to five years imprisonment and a fine of up to $10,000.
More than 50 pounds and less than 2,000: two to 20 years imprisonment and a fine of up to $10,000.
More than 2,000 pounds: five to 99 years imprisonment and a fine of up to $50,000. |
In Arlington, penalties for drug crimes are usually imposed based on the particular circumstances of the offense in question. Production and sale of drugs for example, usually attract the minimum punishment of 180 days to two years prison sentence and a $10,000 fine. The maximum punishment for this charge may, however, attract 15 to 99 years in prison and a fine of up to $250,000. The punishment may also be elevated to a higher one if the drug crime was perpetrated in a drug-free zone in Arlington city. Drug-free zones in Arlington include any daycare, elementary or secondary school in the city.
What Percentage of Crimes are Drug-Related in Arlington?
In 2019, Arlington Police Department recorded 1,707 incidents of driving while intoxicated and this number reduced to 1,585 incidents in 2020. According to a report by the National Survey on Drug Use and Health, an average number of 641,000 persons used illicit drugs in the Metropolitan Statistical Area (MSA) of Arlington city annually. The misuse of marijuana in the MSA was recorded to be 8.7 percent, which was similar to the rate at the state level but lower than the national rate.
How Many Prisoners are in Jail for Drug-Related Crimes in Arlington?
Drug crime incidents in Texas accounted for more than 30 percent of the approximately 269,000 cases of criminal offenses filed in 2020, including in Arlington city. In 2019, 46 percent of prisoners sentenced to federal prison were serving time for a drug crime and over 99 percent of the prisoners were convicted for drug trafficking.
Arlington Drug Crime Lawyer
A drug crime defense lawyer in Arlington, Texas, is a professional with experience and skill to represent the defendant facing a drug charge in court. The attorney prepares a defense strategy with the help of the defendant based on the facts of their case and their unique circumstances.
A person arrested and charged with drug-related crimes in Arlington can face dire punishments if found guilty. In addition to lengthy jail time and steep fines, the defendant may also suffer from loss of employment and damage to reputation. This makes it necessary to seek the help of a drug crime lawyer in Arlington. Hiring an experienced drug lawyer improves the chances of obtaining the best outcome in a case, including an acquittal, dismissal, or reduced culpability for the offense. It is essential to hire a drug crime lawyer who understands how the criminal justice system in Arlington works and will also know how to navigate the system to favor the accused's case. Also, hiring a seasoned Arlington drug crime lawyer who has worked on drug cases similar to the accused's case can also prove favorable for the accused. This is because such a lawyer is able to know for certain the most effective defense strategy to use, particularly those defenses that have worked in previous cases handled by the lawyer. In addition, employing the services of a competent drug crime lawyer helps to protect the rights of the accused and to ensure that law enforcement officers do not violate the defendant’s constitutional rights. Such an experienced lawyer should be able to file a motion to suppress evidence in order to render the evidence of the prosecution inadmissible.
How to Beat Drug Crime Charges in Arlington?
Drug crime defense lawyers in Arlington can employ a variety of defense strategies to defend a person charged with a drug offense. Some common defenses against drug charges in Arlington city include:
- Unlawful Search and Seizure: A criminal defense lawyer in Arlington can use this defense in situations where law enforcement unlawfully obtained evidence. Under the United States Constitution’s fourth amendment, police officers must follow due process and procedures when conducting a search or seizure. Police officers are therefore prohibited from searching homes without warrants and from searching cars or any other automobile without probable cause. The evidence against the accused can be suppressed if the defense lawyer is able to show that such evidence was illegally obtained.
- Police Misconduct: This defense is applicable when law enforcement officers falsify evidence, intimidate or coerce a false confession from the accused. The police are also required to read the Miranda rights to the accused upon being arrested. In Arlington, the accused must expressly state that they wish to remain silent during interrogations, and the police cannot force a confession from the accused. Evidence obtained through this means is inadmissible in court, and this could lead to a dismissal of the case due to lack of evidence.
- Medical Prescription: A person may be arrested when illegal drugs are found in their possession without a prescription. It is, however, an absolute defense to show that such drugs were validly prescribed by a medical practitioner in Arlington. Notably, a prescription obtained fraudulently may result in the defendant being charged with both drug possession and fraud.
- Duress: This defense is applicable if the defense lawyer is able to show that the accused was operating under the threat of harm to themselves or to a loved one.
- Entrapment: A defense lawyer may use this defense to show that the accused was coerced by law enforcement officers into possessing drugs in order to make an arrest or charge the accused with drug-related offenses. The previous criminal records of the defendant in relation to drug charges may, however, compromise an entrapment defense and may also constitute additional damaging evidence for the prosecution.
