Representing The Accused in El Paso County & Throughout the State of Texas
Being charged with a drug-related offense in Texas is a serious matter, especially during the present highly charged war on drugs here and throughout the country. All federal and state agencies seek to prosecute anyone they can, under any circumstances. Any arrest — whether for an oxycodone tablet or a simple marijuana possession offense — can have collateral consequences with effects felt in an individual’s immigration status, ability to obtain student loans, borrow money, obtain employment or find a place to live. Drug possession sentences are based on the type and quantity of the drug, which makes it difficult to understand the penalties an individual may ultimately face. This is why it is crucial to work with the right criminal defense attorney.
Benjamin Law Firm handles drug crimes throughout the state of Texas ranging from simple possession in Sierra Blanca, to possession of a controlled substance in El Paso County to federal possession with intent to distribute a controlled substance (punishable by up to life in prison). As a former prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization, Brock Benjamin is well-versed in the applicable state and federal narcotics laws. Our firm has a well-earned reputation for providing our clients with aggressive legal representation and vigorously fighting for their rights. If you have been charged with a drug crime in Texas, the Benjamin Law Firm is the wise choice in criminal defense.
What the Benjamin Law Firm Can Do For You
We handle all drug cases on an individual basis with an attention to detail and an in-depth look at allegations that are made by the state or federal agency prosecuting the offense. We are highly adept at all phases of criminal proceedings, starting with pretrial investigations and discovery — an analysis of the prosecution’s evidence. Brock Benjamin leverages his experience as a prosecutor to challenge the lab results, police reports, witness statements, and any other information in order to refute the government’s case.
When you work with the Benjamin Law Firm, we encourage your full participation in your defense so that we are better able to identify and process facts not apparent to investigators. We will help you navigate the criminal justice system, and are always available to respond to your questions and concerns. You will have our personal cell phone number so that we can stay in contact to help you make the best decisions based on our advice.
Types of Controlled Substances in Texas
During recent decades, more and more illegal drugs have surfaced. Medications intended for legal medical purposes have been increasingly abused, manipulated, and mixed with other drugs. In addition, more illegal substances have been grown, manufactured, and distributed to the public.
We have defended clients against charges of possessing, distributing, growing, manufacturing or selling all types of controlled dangerous substances such as::
- Anabolic steroids
- Cannabinoids — marijuana and hashish
- Dissociative drugs — PCP, Ketamine, Dextromethorphan (DXM)
- Opioids — heroin, opium, oxycodone
- Depressants — Xanax, barbiturates, benzodiazepines, Ambien (and other sleep aids)
- Stimulants — cocaine, amphetamine, methamphetamine
- Hallucinogens — LSD, mescaline, mushrooms, peyote, PCP
- Inhalants — paint thinners, gasoline, glues, nitrous oxide, butane, propane, aerosols
- Club Drugs — ecstasy, Rohypnol (date rape drug)
It should be noted that there are many more varieties of illegal drugs than those listed and more are being discovered and invented every year. This proliferation of intoxicating, sedating, hallucinogenic or stimulating substances increases the chances that individuals will use, become addicted to, beginning selling, or be arrested for crimes related to illegal drugs or controlled substances. Nonetheless, we have successfully challenged whether the substance in question was illegal at the time of sale in order to win an acquittal.
Defenses to Drug Charges in Texas
As discussed above, drug offenses can land an unsuspecting person who believed he or she had a 1 pound brick of marijuana in jail — facing either a Texas court for a minimum sentence of 15 years or a potential federal sentence of 5 years to life — if that controlled substance is subsequently identified as methamphetamines or cocaine.
For this reason, each case must be evaluated carefully, and very quickly, to determine which defense strategy will be most effective. Some of the defenses we may assert include:
Challenging bond or bail recommendation in order to learn more about the prosecution’s case early on. In a federal case, your bond hearing (Preliminary and Detention hearing) may be the only contested hearing that you have to determine the strength of the government’s case. There is more to a bond hearing than simply securing your temporary release from jail.
Consider filing a Motion to Suppress. This is a legal challenge to any unlawful action by the state or government that violates the protection against unlawful search and seizures under the Fourth Amendment of the U.S. Constitution. Such a challenge may involve a traffic stop during which the alleged controlled substance was located by a drug dog, the execution of an improper search warrant on your house or place of business, or a Title III wiretap application for your cell phone.
Evaluation of criminal history and the charged offense. Has an 18 U.S.C. § 851 been filed? This is a document that can double your mandatory minimum. Are there qualifying prior offenses that could be used to enhance the penalties if you are convicted for a Texas drug offense? These are questions, and more important items, that need to be identified and handled quickly and effectively in order to ensure that choices are not made that cause make the prosecution to retaliate by increasing the severity of the charge and the resulting penalties or punishment range.
The Benjamin Law Firm knows how to raise all these challenges and others. If the actions of law enforcement were based on incorrect or unsubstantiated information, this may be the best line of defense to pursue. Alternatively, simply recognizing that the law may provide an avenue for a well-supported motion may encourage the prosecution to negotiate with us in a more serious manner.
Texas Board Certified Drug Criminal Defense Attorney
At the Benjamin Law Firm, our role is to collect information about you, the alleged offense and other factors that may be relevant and to convince the prosecution that a conviction is not in order. We know that some cases can be resolved favorably through good simple discussions and negotiation. Provided with the right information, the prosecution can sometimes be convinced that a reduction of the charges or dismissal will better serve justice. Although we prefer to reach negotiated solutions, trying cases is our specialty.
We have a proven track record of achieving successful outcomes in state and federal court. We apply our legal writing skills to prepare all the required motions and court filings and leverage our oral argument skills to prevail at trial. Above all, we believe that anyone accused of a drug crime is innocent until proven guilty and has the right to the innovative criminal defense strategies we are prepared to provide. Call our office today or complete the convenient online contact form to set up a consultation. Se Habla Espanol.