Montgomery County, TX Drug Crimes Lawyer

Montgomery County, TX Drug Crimes Attorney

Drug-related criminal offenses are some of the most commonly prosecuted crimes in Texas. The penalties for these offenses vary greatly based on multiple factors, and if you or a family member has been charged with any type of drug crime, you need defense counsel you trust on your side. An experienced Montgomery County, TX drug crimes lawyer can be an invaluable asset to guide you through the difficult proceedings ahead of you.

Experienced Criminal Defense Counsel for Drug Charges in Montgomery County, TX

Drug cases can be more complex than they appear at first. Some people become mixed up with illegal drugs due to substance abuse disorders, mental health complications, and various personal issues that can lead them to make serious mistakes. Some people become involved with drug distribution and trafficking operations because they feel that they have no other option. Some are arrested for drug crimes simply for being in the wrong places at the wrong times.

Whatever your case entails, the team at Surginer Stewart PLLC is ready to defend you. Our firm has years of experience handling criminal defense for clients throughout Montgomery County, and we know what could be at stake in your upcoming case. With our assistance you can feel more confident about your chances of avoiding conviction if possible or, at the very least, mitigating the penalties you face if you did break the law.

In every criminal case we accept, our team thoroughly reviews all evidence in play and listens carefully to our client’s side of the story. We can determine whether the police have handled your arrest and booking correctly and followed the rules of due process. We can also scrutinize the prosecution’s evidence, looking for any and all vulnerabilities in their case that we may be able to leverage for you.

Know Your Rights After an Arrest in Montgomery County, Texas

If you are arrested for any drug crime, you have two constitutional rights that come into play in this situation. The Fifth Amendment protects you against self-incrimination, and this means that as soon as you are placed under arrest, you have the right to remain silent. No matter what the arresting officers might claim to the contrary, you have no obligation to answer any questions or provide a statement. Anything you say could be used against you later in your case.

You also have the right to legal representation. Comply with the arresting officers’ instructions through arrest and booking and remain silent until you can speak with a lawyer. Once you are able to make your phone calls, you should reach out to an experienced Montgomery County, TX drug crimes lawyer at Surginer Stewart PLLC, so we can get started building your defense. It is vital to contact us right away to have the greatest chance of reaching positive results.

We can ensure that your rights were respected through arrest and booking and that the arresting officers followed the rules of due process. For example, if they did not read you your Miranda rights upon arrest, it is a very serious issue that could compromise the prosecution’s case against you. We can also identify whether any civil rights violations occurred and help you start building the framework for your defense.

Understanding Drug Charges in Montgomery County

In Texas, the penalties for drug-related offenses generally depend on the type and quantity of the drug in a criminal case. There are also various types of drug offenses, including:

• Simple possession: It’s possible to face prosecution simply for possessing illicit substances intended for personal consumption.
• Possession with intent to sell: Greater penalties are applied when a defendant is caught with a large amount of an illegal drug, and other facts show that they intended to sell those drugs to others.
• Drug trafficking, which can define any travel over county lines for the purposes of selling or distributing illegal drugs.
• Drug manufacturing, such as operating a pill mill, methamphetamine production facility, or other operations intended for the production of illegal substances.

Texas follows the Drug Enforcement Agency’s (DEA’s) Scheduling system when categorizing illegal drugs, with Schedule I drugs leading to the most serious penalties and Schedule V drugs leading to the least severe penalties. For example, possession of a small amount of a Schedule I drug could lead to more serious penalties than possession of a larger amount of a Schedule III or IV drug.

Building Your Defense

If you are charged with a drug crime in Montgomery County, TX, the prosecution must prove that you are guilty beyond a reasonable doubt. This is a higher standard of proof than many people realize, and it means that the prosecution’s evidence and arguments must be compelling enough that there can be no room for doubt whether a defendant committed the crime. Your defense attorney can attempt to prevent them from accomplishing this.

You may need to prove a mistake of fact to defend against the drug charge. For example, you may have been arrested after drugs were found inside your vehicle, but if they did not belong to you, your attorney may need to help you prove that you had no knowledge that they were inside your vehicle. You may also need to prove a mistake of law, such as that arresting officers failed to follow due process.

Many people are arrested for drug offenses because they struggle with substance abuse disorders. If this applies to your situation, it does not mean you can completely avoid punishment for breaking the law. However, your defense attorney may be able to leverage this fact for you and argue for mitigated penalties. For example, if you have never been arrested before, a judge may consider compulsory rehabilitation in lieu of jail time.

Ultimately, every case is unique, and every defendant will face different challenges when it comes to fighting drug charges. An experienced Montgomery County, TX, drug crimes attorney can be an invaluable asset when it comes to proving your innocence or helping you reach a lighter sentence. Contact Surginer Stewart PLLC, today to schedule your consultation with an experienced Montgomery County, TX, drug crimes lawyer who can defend you with confidence.