In drug cases, law enforcement officers often search a person's home or vehicle before seizing controlled substances. The criminal defense attorney will first determine if there are any grounds to file a motion to suppress the drugs or other evidence gathered during the search. The attorneys at Law Offices of Richard C. McConathy know how to use the mistakes made by law enforcement officers to help you resolve the case under the most favorable terms.
Drugs can be seized in a variety of circumstances including the execution of an arrest warrant or search warrant. The most common reason for a search in a drug case is becasue of a routine traffic stop. No matter the circumstances, we can help you learn more about how to protect your rights in these cases. Our attorneys are particularly familiar with the tactics used by the Narcotics Detectives with the Tarrant County Sheriff's Office.
Attorneys for Drug Crimes in Tarrant County, TX
If you are accused of a drug crime in Texas, then contact an experienced criminal defense attorney at Law Offices of Richard C. McConathy to discuss your case. We can help you understand how problems with the way the drugs were seized can lead to the suppression of the evidence. Also, learn more about how local law enforcement officers use confidential informants and undercover sting operations to make a drug crime arrest.
During the free consultation to discuss your drug case pending in Fort Worth or Tarrant County, our attorneys can help you understand important defenses that can be used in your case. Call (817) 422-5350 today to discuss your case.
Deferred Prosecution Program in Tarrant County for Drug Crimes
Some drug crimes are eligible for deferred prosecution. These programs are expensive and difficult for a person not interested in seeking drug treatment and counseling. Talk with a criminal defense attorney about the pros and cons of entering the deferred prosecution program in Fort Worth and Tarrant County, TX.
The drug offenses eligible for DPP under Track B include:
- Possession of controlled substance (PG1), under 1 gram – (SJF)
- Possession of marihuana 2-4 ounces, drug free zone – (SJF)
- Possession of a dangerous drug – (M)
- Possession of controlled substance (PG2A), under 1 gram – (M)
- Possession of controlled substance (PG2A), under 2 ounces – (M)
- Possession of controlled substance (PG3), under 28 grams – (M)
- Possession of marihuana under 2 ounces, drug free zone – (M)
- Possession of marihuana 2-4 ounces – (M)
- Possession of marihuana under 2 ounces – (M)
The main benefit of entering the deferred prosecution program in Tarrant County for a drug crime is that after the program is completed, the application may be entitled to an immediate expunction under Art. 76.011 of the Texas Government and Article 55.01 of the code of criminal procedure.
Confidential Informants and the Entrapment Defense
Many drug cases involve an undercover investigation by narcotic officers. These officers often attempt to manufacture drug crimes by entrapping a person using an undercover officer or confidential informant. After the arrest, the officers will then interrogate the person detained with the goal of getting them to confess to the crime. The officers might then start asking questions about whether the person arrested can "flip" on a co-defendant or "set up" another individual for a more serious offense. Before you agree to work with law enforcement officers, it is important to speak with a criminal defense attorney about your rights.
Narcotics Detectives with the Tarrant County Sheriff's Office often make controlled buys and conduct reverse sting perations. The officers also use surveillance to gather intelligence about suspected drug dealers and traffickers. Narcotics detectives often work with federal and other state agencies during investigations into drug trafficking. Although most lower level drug crimes are prosecuted in state court, higher level drug investigations often lead to drug charges in federal court.
If your case involved the use of an undercover officer or confidential informant, then the entrapment defense might apply. The entrapment defense can be used in narcotic cases when law enforcement manufacturers a crime by a person not predisposed to commit the offense. A person can be entrapped regardless of whether they are charged with possession, possession with intent to distribute, sale or delivery, manufacturing, cultivation or trafficking.
The courts in Texas have found that the affirmative defense of entrapment can be tested and determined at a pretrial hearing as provided in Article 28.01, § 1(9). To establish an entrapment defense, it must be shown that the defendant engaged in the conduct charged because he was induced to do so by a law enforcement agent or confidential informant who used persuasion or other means likely to cause persons to commit the offense. Tex. Penal Code Ann. § 8.06(a).
Entrapment does not occur, however, merely because the law enforcement officer or confidential informant provided the person an opportunity to commit the offense.
Types of Controlled Substances in Fort Worth, TX
The most commonly prosecuted crimes for controlled substances in Tarrant County, TX, involve the following drugs:
Criminal offenses for prescription medications are becoming more common. Criminal offenses for the possession or distribution of prescription medications can include:
Law Enforcement Agencies that Investigate Drug Crimes in Tarrant County, TX
Our attorneys are familiar with the tactics used by local law enforcement agencies in Tarrant County, TX, that investigate drug crimes including:
- the narcotic units of city law enforcement officers;
- the Tarrant County Sheriff’s Office Narcotics Division;
- the Drug Enforcement Agency (DEA);
- the Bureau of Alcohol, Tobacco, and Firearms (ATF);
- the Federal Bureau of Investigation (FBI); and
- the Immigration and Customs Enforcement (ICE)
After an investigation begins or after an arrest is made in the case, having an experienced Fort Worth drug crime attorney at your side can make all the difference.
The DFCM Basic Track for Drug Crimes in Tarrant County, TX
Pursuant to an administrative order dated September 16, 2013, the courts in Tarrant County have implemented a Differentiated Felony Case Management System (DFCM) for different types of felony drug cases under a basic track. Drug crimes in Tarrant County that take the basic track include:
- Delivery of a controlled substance, PGl < 1 gr.;
- Possession of a controlled substance, PGI <1 gr.;
- Delivery of a controlled substance, PGIA, <20 units;
- Possession of a controlled substance, PGIA, <20 units;
- Delivery of marihuana > 1%: oz.; and
- Possession of marihuana > 4 oz.
Tarrant County Sheriff's Office Narcotics Division - The Tarrant County Sheriff’s Office Narcotics Division investigates violations of the laws related to illegal narcotics including the production, manufacturing, distribution, transportation and chronic use of illegal drugs, as well as the associated money laundering of drug proceeds commonly associated with drug-related offenses. Narcotics Detectives with the TCSO make undercover purchases, controlled purchases, conduct reverse operations and stings and conduct surveillance as well as gather intelligence. To combat drug trafficking in Tarrant County, Narcotics Detectives work with federal and other state agencies to combat drug trafficking. During a recent four-year period ending in 2013, the TCSO Narcotics Division made 331 Felony Arrests and 131 Misdemeanor Arrests. The TCSO Narcotics Unit also confiscated illegal narcotics with an estimated street value of $5,596,519.
High-Intensity Drug Trafficking Area Program (HIDTA) Task Force - Members fo the Tarrant County Sheriff's Office Narcotics Division work with the Drug Enforcement Administration (DEA) and other local, state and federal law enforcement agencies in order to eliminate or reduce drug trafficking. The mission of HIDTA includes reducing the production, manufacturing, distribution, transportation and chronic use of illegal drugs, as well as the attendant money laundering of drug proceeds.
Find a Tarrant County Drug Crime Lawyer
The attorneys at Law Offices of Richard C. McConathy fight drug and narcotic crimes throughout Tarrant County including drug possession, the distribution of narcotics, trafficking in controlled substances, and drug manufacturing or cultivation.
Call us for a free consultation to discuss the pending drug charge, the minimum and maximum penalties that come with a conviction, and important defenses that can be used for an outright dismissal of the criminal charge.
Whether you are charged with possession, possession with intent to distribute, distribution, manufacturing, cultivation, or trafficking, call (817) 422-5350 to discuss your case with an attorney today.
This article was last updated on Monday, April 10, 2017.