Texas laws are some of the toughest when it comes to drug distribution and trafficking charges. The type of drug and circumstances surrounding how someone came to possess them is key to determining if the charge sticks.
Those who engage in drug crimes may face stiff penalties under the Texas Controlled-Substances Act. This group of laws, established to give authorities and the public a guide to dealing with drugs cataloged as controlled substances. The team of Oliva, Saks, Garcia & Curiel, LLP, aim to inform the public about what constitutes a controlled substance and what may result in a trafficking charge.
Texas law defines controlled substances, the most severe under the eyes of the law, as any drug that mandates government monitoring from creation through ingestion. These substances almost always alter a person’s mind and body, resulting in severe lapses in judgment and personality changes. Controlled substances may also result in addiction. The classification of drugs falls into one of five categories under Texas law.
The extent of knowledge
When caught with a controlled substance weighing more than a gram, a person may face felony charges. However, larger quantities may result in distribution or trafficking charges. The penalties for these two crimes are more severe and may land a person in prison doing hard time. One of the most crucial elements in prosecuting a distribution or trafficking charge does the defendant know the drugs were present. In some instances, a person may have no real knowledge of the items found in his or her possession. This may apply in situations of transporting goods, such as truck drivers. If a third-party hid drugs among the inventory, the driver may prove to not know about what he or she is hauling.
Whether a person knows about the drugs or not is an integral component in proving distribution or trafficking. The information found by following this link may help further shed light on these kinds of serious charges.