Texas law enforcement often relies on “confidential informants” to assist them in making drug arrests. By law, the prosecution may continue to keep the identity of these informants secret from the defendant during trial, unless the judge determines there is a “reasonable probability” that the informant can offer testimony “necessary to a fair determination of […]

When it comes to drug crimes, law enforcement need not actually find illegal contraband on your person. If the police execute a valid search warrant for your property and locate illegal drugs, particularly in “plain view,” you can still be arrested, tried, and convicted of drug possession. What matters here is not what is found […]

Many drug charges in Texas are resolved by a plea bargain where the defendant is placed on community supervision (probation) in lieu of jail time. It is critical to understand, however, that probation is not getting off scot-free. Rather, your freedom is restricted by the terms of your plea agreement, which among other things may […]

Drug charges can quickly escalate from allegations of simple possession to participation in “organized crime.” Indeed, the Texas Penal Code describes a specific offense known as “engaging in organized criminal activity.” This applies to a scenario where the defendant participates “in a combination or in the profits of a combination or as a member of […]

Having a drug charge on your record can have a negative impact on your life even years after the fact. But it may be possible to expunge the record of your drug case after the fact. Expunction is the legal process whereby any files related to a particular criminal arrest is removed from the government’s […]

Drug charges are not limited to possession of controlled substances. Many defendants find themselves facing additional felony charges of “tampering” or “attempted tampering” with respect to evidence of drug possession or use. In other words, if a suspect tries to flush drugs down the toilet as the police are breaking down the door, the suspect […]

Although most simple drug charges are handled at the state level, federal prosecutors may get involved when there is evidence a particular defendant possessed controlled substances–including marijuana–with the “intent to distribute” the drugs. Note that prosecutors do not need to actually prove the defendant sold or distributed marijuana. The law only requires the government to […]

Drug charges involving possession typically arise from the police finding illegal narcotics on the suspect’s person. But what if the police simply find drugs in a room where you happen to be sitting? Is mere proximity to drugs enough to support a conviction for possession? To help answer these questions, the Texas Court of Criminal […]

You have probably seen movies or television shows where the cops are about to bust someone for drug possession, and the defendant quickly tries to get rid of the incriminating substance, i.e. flushes the cocaine down the toilet. In real life, if prosecutors can prove that you intentionally destroyed potential evidence of a drug crime, […]

When it comes to drug crimes in Texas, where the offense occurs can matter a great deal. It is always illegal to possess certain drugs like cocaine. But if you are arrested for possession of cocaine in an area near a school, your sentenced may be enhanced under what is known as the “drug-free zone” […]