Daniel Peugh is a former Chief Prosecutor for the Denton County Criminal District Attorney's Office.  He has an insider's knowledge of local Judges, Prosecutors, and Probation Officers.  At The Peugh Law Firm we try cases and we get jury verdicts.  Our ability to make our case before judges and juries benefits all of our clients at every level of representation.  Most of our clients do not go to trial.  Still, the plea bargain offers our clients receive are based in large part on what the prosecutors know we can do if the case goes to trial.  We tailor custom defense plans for each of our clients.  Our custom plans and past successes ensure our clients get their best possible result from their experience with the justice system.  Contact Mr. Peugh at (888) 724-9831

Controlled Substances and Marijuana. 

FBI reports show that drug-related offenses make up one third of all arrests nationwide. And more people are in prison who were convicted of drug crimes than any other type of criminal offense.

Offenses:

So what is an offense?  A table of Texas controlled substance and marijuana laws is below:

Controlled Substances are separated into penalty groups under Texas law.  The seriousness of the offense and, therefore, the severity of the punishment depends on exactly what substance is Manufactured, Delivered, or Possessed and how much of the substance is at issue.

Penalty Group One:

The most common substances seized in Penalty Group One cases:

            Cocaine (powder and rock), Heroine, Methamphetamine, Phencyclidine (PCP) Methadone, Rohypnol (aka date rape drug), GHB (aka another date rape drug), Ketamine.

            For a complete list of Penalty Group One Substances please follow this link.

            Manufacture or Delivery of a Controlled Substance in Penalty Group One:

Possession of a Controlled Substance in Penalty Group One:       

Penalty Group One-A:

LSD (acid)

            Manufacture or Delivery of a Controlled Substance in Penalty Group One-A:

            Possession of a Controlled Substance in Penalty Group One-A:

Penalty Group Two:

The most common substances seized in Penalty Group Two cases:

            Amphetamine, MDMA (Ecstasy or X), and Mescaline

            For a complete list of Penalty Group Two Substances please follow this link.

            Manufacture or Delivery of a Controlled Substance in Penalty Group Two:

Possession of a Controlled Substance in Penalty Group Two:

Penalty Group Three and Four:

The most common substances seized in Penalty Group Three and Four cases:

            Alprazolam (Xanax), Codeine, Hydrocodone,  and Peyote

            For a complete list of Penalty Group Three and Four Substances please follow this link.

            Manufacture or Delivery of a Controlled Substance in Penalty Group Three or Four:

Possession of a Controlled Substance in Penalty Group Three:

Possession of a Controlled Substance in Penalty Group Four:

Marijuana:

            Delivery of Marijuana:

Possession of Marijuana:

Drug Free Zone:

Drug Free zones are; institutions of higher education, schools, playgrounds, youth centers, and video arcade facilities, public swimming pools, and school buses.

If you are alleged to have possessed a controlled substance or marijuana in a drug free zone or within 1,000 feet of a drug free zone (300 feet for swimming pools and video arcade facilities) the punishment for your offense is raised up one offense level for all offense levels. 

An allegation of “drug free zone” in the case against you also carries special parole eligibility requirements.  If convicted of a drug free zone offense, an offender must serve 5 calendar years in prison before they will become parole eligible.  Worse still, if an offender’s sentence is for less than 5 years TDCJ, the drug free zone finding means that person will never make parole on that charge.

Other Controlled Substance and Marijuana Consequences:

            Any felony conviction carries long term consequences.  You can lose your ability to vote, run for elected office, and possess a firearm.  Any criminal conviction on your background can cost you job opportunities, cause you to be excluded from apartment complexes, and result in being denied credit.  Drug offenses carry two additional consequences that you should be aware of:

1. License Suspension - Drug convictions result in driver’s license suspensions.  The first suspension period for an adult is 180 days. In addition, a drug education program is automatically required and must be completed within the 180-day suspension period or the license remains suspended until such time as a certificate of completion is received by the Texas Department of Public Safety.  If you are under the age of 21, the period of suspension ranges from 180 days to one year, depending on the type of offense, and the convicting court determines whether the drug education program will be required.  A person who does not hold a Texas Driver License at the time of conviction will be prohibited from obtaining a Texas Driver License for a period of 180 days. Worse still the prohibition period will not begin until the person makes contact with DPS for the issuance of a driver license or for reinstatement of driving privileges for non-residents.
2. Asset Forfeiture – Asset forfeiture laws allow police agencies to seize property that they believe is the fruits of or instrumentalities of crime.  If the authorities believe you bought your house with all the money you made selling drugs, they can sue you for ownership of the house.  If the authorities believe that you are driving your new car around town to sell and deliver drugs, they can sue you for ownership of that car.  When they get these items they sell them.  You lose your property and the government gets the money.

Defenses to Controlled Substance and Marijuana Charges:

The State must always prove that a Defendant was intentionally or knowingly in possession of a prohibited substance.  Therefore, if you give your son’s friends a ride home and some marijuana falls out of a backpack you are not guilty of possession of marijuana.  Even if you drop all the children off and are the only person in the car when then police see the marijuana you are still not guilty.  Why?  Because in this scenario you simply do not know there is marijuana present.  You can take this to the bank.  It is the law.

Here is a real life example to illustrate my point.  My client was charged with possession of a controlled substance in penalty group one in an amount less than one gram.  The crack cocaine was found in my client’s pocket when he was removed from a friend’s car and frisked after a warrant for his arrest was confirmed by the officer on the scene.

At trial the evidence was that the crack was actually concealed in an Altoids can.  The police (as usual) did not know who had purchased the crack or who had put it in the Altoids can.  My client had bummed a ride from an acquaintance at work.  The Altoids can was sitting in the passenger seat when my client was climbing in the vehicle.  My client picked up the can rather than sit on it.  The driver gets pulled over for a traffic violation.  In the course of the traffic stop the officers check my client’s identity and find a warrant for his arrest.  The Altoids can and the crack are found in the ensuing pat-down search.

The verdict was not guilty.  My client had crack in his pocket and was found not guilty.  Why?  He and his attorney had the courage to take the case to trial.  His attorney had the ability to develop all of the above facts without the client ever taking the witness stand.  In the end I argued to the jury that the police could not prove that my client knew he had crack cocaine in his pocket.  The jury agreed and my client was found not guilty.

What if I did it?

OK, I admit it.  Real people do not like trials.  Only the mutants that we call lawyers like trials.  Even if you feel very strongly that you did what you are accused of, hire a good lawyer.  Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals.  A big part of what I do for a living, my favorite part, is helping good people that just messed up.  At one time in my career I was a bulldog of a prosecutor.  I know very well that prosecutors, particularly the young ones, can think that they are saving the world by throwing good people to the wolves.  You must have good representation.  You do not need to be “made an example of.”  The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations.  My thorough investigations always turn up defensive issues that, at least, encourage prosecutors to offer a better plea bargain.