Most Drug Offenses are enumerated in the Texas Heath & Safety Code, which outlines the controlled substances and crimes. Among the most ilicit drugs in the Code are Methamphetamine, Cocaine, Heroin, and even . Each drug has different punishments and consequences attached, depending on the amounts and circumstances under which the arrest occurred.
When you are arrested with a larger quantity of drugs than the prosecutor feels one person could use, or if you are arrested with a scale or individually wrapped pacakages, you may be charged with drug sales. Even if you brought the scale to ensure you wouldn't be ripped off, or you were stocking up for a long weekend, those items can be indicia of drug sales. Other indicia of drug sale may include (according to the district attorney's expert witness testifimony) scales, pay owe sheets, pagers or extra cell phones, extra empty zip lock baggies, phone or contact lists, and even weapons.
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Often, drug sales cases involve a period of short surveilance, followed by a search warrant for an individual's car, belongings, and search of your home. This search by an officer requires a certain amount of suspicion amounting to reasonable suspicion or probable cause. This means there must be articuable or descriptive facts as to why you were searched. Normally, law enforcement searches you upon observing suspicious activity, or, if your car was searched, then during a traffic stop. Other types of searches, such as those in your home, require a search warrant. Many drug possession cases contain violation issues of the search and your fourth amendment right, leading to a motion to supress.
Both drug sale and drug possession (use) is illegal under Texas Law, but you should be charged appropriatly for the offense -- not for sales when only you were going to use the drugs. If you have been arrested on a drug sales charge, call us today for a free consultation at 512-216-3211.