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Drug Crimes


Each drug case is different, however there are a few things to be aware of.

#1 Search and Seizure Issues

Most drug accusations will be fought based upon 4th Amendment violations. The 4th Amendment to the constitution protects us from illegal search and seizures by the government. In the event there has in fact been a 4th Amendment violation any evidence found as a result of the illegal search and seizure may be "suppressed," and disqualified from being used against you in a court of law.

#2 Driver's License & Occupational Driver's License

A conviction for a drug offense may result in the loss of your driving privileges. Depending on the particular accusation, the amount of time your drivers license will be suspended will vary.

During the interim, you generally will be able to petition the court for an occupational driver's license. This special license will allow you to drive to work, school, the doctor's office, court, and where ever else the court allows. You'll be restricted in the amount of time you can drive in day, as well as when and where you will be able to drive.

Once your driver's license suspension is over, you may apply to DPS to get it reinstated. However, be aware that there will be surcharges and fees that DPS will require you to pay before a new drivers license will issue.

#3 Prior Criminal History

Your prior criminal history can dramatically change your defense strategy, especially if there are felonies involved. A lower level felony can suddenly be turned into a "life" case if you have prior felony convictions from ANYWHERE in the U.S.

For misdemeanors, the minimum amount of time is raised if you are enhanced. For example, a Class B 0-180 days in jail turns into a Class B 30-180 days in jail. Or a Class A 0-1 year in jail can be turned into a Class A 90-1 year in jail case.

These are important considerations that sometimes are over looked, and can change the whole landscape of your case.

#4 Costs of a Drug Case

The cost of a drug case can vary dramatically. Lower level marijuana charges are obviously less expensive to fight than distribution of cocaine charges. However, if there are questions as to what the drugs actually are, or maybe the actual amount, the drugs will have to be re-tested by someone who is qualified. The costs of such experts to re-test the drugs will vary based on the amount of drugs in question, the type, and the level of qualifications by the expert. Additionally, a drug case will usually have issues dealing with fingerprints, ballistics, or eyewitness identification, that may have to be addressed from a scientific standpoint by an expert on your case.

#5 Other Professional Licenses and Jobs

A drug conviction will effect your ability to get a job or to continue in the career path you are in. Every employer is different, however, make no mistake, a drug conviction will cause problems in your employment, and maybe even disqualify your from certain professions.

#6 Deportation

If you are not an U.S. Citizen, you could be looking at serious deportation issues. The law identifies certain offenses, like crimes of theft, family violence, drug dealing, multiple DWI, murder, and others, to be considered MANDATORY deportation offenses. Thus, when you finish serving your sentence, you will be deported.

Lower level offenses still allow you to be deported, but the risk may not be as high.


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