Drug laws in Texas are already among the most severe in the US. If caught with illegal drugs of any kind in Texas, you could easily be looking at a lengthy legal proceeding and long incarceration. However, not all drug offenses are equal and the penalties can vary greatly. With the help of an experienced drug crime attorney, it’s possible to reduce your sentence, get a full dismissal, or even keep you out of prison.

Understanding the most common drug charges is an important first step in any defense. Here are some of the most common drug charges you may encounter.

Drug Possession

Drug possession is one of the most basic charges you could be charged with and potentially convicted of. Even if you’re simply holding the item for a friend, you could be charged with possession and even intent to sell.

It’s important to understand how you might get charged and how your attorney can help.

To face charges, a person must be deemed guilty of knowledgeable possession. The prosecutor must prove that they knew about the drugs and willingly carried them with consent or knowledge. Otherwise, they can’t be deemed guilty.

The court may also charge you with possession if drugs are found on your property, such as your vehicle or your home. You could also be charged for joint possession if a friend brings a controlled substance onto your property.

A drug possession attorney can instruct you on how to challenge a drug arrest without making things worse for yourself. Not all drug arrests are airtight, so there could be a lack of evidence that supports your innocence.

Drug Distribution

Drug distribution refers to the intent to sell or transport a controlled substance to others. In this case, you not only possess drugs but also intend to distribute them to buyers.

As with possession, the fines and potential jail time will vary depending on what substance you intend to sell. Heavily controlled narcotics may result in life imprisonment and fines reaching the hundreds of thousands.

The goal of your lawyer in this case may be one of two options.

They might try to prove that you are innocent of intentional drug possession. Alternatively, your lawyer could make the case that you never intended to sell whatever drugs you possessed.

The problem with the second option is the quantity of your drugs. Anything over a certain amount suggests an intention to sell.

Drug Manufacturing

Intent to manufacture includes both the production and processing of controlled substances. Something naturally grown, like marijuana, is exempt from this category. However, anything synthetic can result in a drug manufacturing charge.

In 2023, Texas enacted some harsher penalties for anyone manufacturing and distributing fentanyl. One of the new bills classifies fentanyl overdoses as “poisonings”, allowing for murder charges for anyone who created or sold the substance.

As such, getting charged for manufacturing fentanyl puts your attorney in the position of proving their client innocent of murder. You must find an experienced attorney who can challenge the evidence. They may be able to get the charge lowered to simple possession, depending on the case.

Drug Trafficking

Drug trafficking involves a combination of manufacturing, cultivating, distributing, and the eventual sale of illegal substances. Larger operations are often referred to as trafficking, with the individuals involved considered traffickers.

This is one of the most severe drug crimes you can be charged with. In certain states, trafficking a large amount of heroin will result in a minimum lifetime prison sentence.

The top five districts for drug trafficking offenders in 2022 included the Southern District of Texas at 975. The Southern District of California was the only one with more offenders at 1,755.

Drug Dealing

When selling drugs in smaller quantities, you may get charged with a less severe punishment than trafficking. This is most common with small-time dealers who are often supplied by manufacturers.

Once again, the punishment will depend on what group the sold substance belongs to. Selling something like marijuana in small quantities is only considered a misdemeanor. However, selling even the smallest amount of fentanyl in Texas may result in much more serious charges.

Penalty Groups

Texas is one of the toughest states on drug crimes and convictions. It has some of the highest conviction and incarceration rates in the United States. Part of that is due to its proximity to the southern border as well as how many states it borders.

There are nine drug penalty groups that Texas uses to determine the punishment for possession, dealing, and so forth. They are categorized according to their addictive nature and medical purpose, and are as follows:

• PG1
• PG1-A
• PG1-B
• PG-2
• PG-2A
• PG-3
• PG-4
• Dangerous drugs
• Marijuana

The first penalty group and its subcategories all consist of opioids with a high potential for abuse. Fentanyl gets its classification, PG1-B, due to its potency and high risk of abuse.

Across the United States, the Drug Enforcement Administration (DEA) also breaks down drugs according to schedule.

Schedule I drugs have no FDA-approved medicinal value. These include heroin, ecstasy, and LSD.

Schedule II drugs are highly addictive but may have some medical use, such as methadone and oxycodone. Fentanyl can also be found in this category.

The other three schedules cover drugs with lower abuse or addictive potential. They also usually have higher medicinal value. As such, you can also expect a much less severe charge when compared to some of the other more dangerous drugs.

Avoid a Criminal Record

Since Texas is one of the toughest states on drug crimes, the court system is constantly overwhelmed with new cases. Resources are stretched thin, which means that defendants rarely get an adequate defense. There are only so many court-appointed lawyers, after all.

If you need a drug crimes attorney, look no further than the office of Andrea M. Kolski. Kolski is a former prosecutor and defense attorney with over 20 years of experience defending individuals across Texas. Reach out today to speak with one of our associates and set up a visit with our law firm.

When facing drug possession charges, an experienced criminal defense attorney is often the best choice to protect your freedom and your future.

For those not familiar with the Texas criminal justice system, defending against drug related charges is an uphill battle. Losing that battle may mean incarceration, costly penalties, and a lifetime of damage. Investing in an experienced and skilled drug possession attorney to represent you could make all the difference in your case and your future. But that experience won’t come cheap and since there is so much on the line, it’s important to understand the costs involved when hiring a criminal defense attorney.

Like other professions, not all attorneys are alike and the payment structure for attorneys varies as well. In order to make an informed decision, knowing how an attorney will be paid is critical. There are several factors involved such as the complexity of the case, ones’ criminal history, the attorneys experience, additional fees, etc.

Like other professions, in the legal world “you get what you pay for”. If you want a highly skilled, highly experienced lawyer on your side, it will cost you. However, more expensive doesn’t necessarily mean better for your case. There are other things to consider. So if you want a better understanding of the costs of hiring a drug possession lawyer- you’re in the right place. Just keep reading.

Why Hire a Criminal Defense Attorney?

Texas prisons are filled with people who thought they could “beat” the Texas legal system. There are unfortunately many innocent people in those same prisons who assumed the system would work for them. Sadly, many of those people behind bars learned the value of a great criminal defense attorney too late.

The phrase “Don’t Mess With Texas” is very appropriate when it comes to the Texas court system. Texas has some of the highest conviction and incarceration rates in the US. It’s not a place where one can expect to prevail simply because they feel they are innocent. Texas prisons are filled with folks who thought they could “beat the system”.

Representing yourself is never recommended and even seasoned lawyers know to hire an attorney if they are facing legal issues. The Texas criminal justice system is complex and confusing for those unfamiliar with its workings. Hiring an experienced criminal defense attorney is a smart move for anyone who wants the best shot at winning their day in court. Put simply, the role of a criminal defense attorney is to represent the defendant , who has been accused of a certain crime or already have been charged with a criminal offense.

When representing an accused person, a criminal defense attorney is responsible for making sure that the defendant has all of their rights protected, in accordance with the law and constitutional implications within the criminal code.

They also dedicate themselves to helping the accused achieve the best possible outcome with the case based on the evidence and the related charges. .

Below are the main factors that impact the cost and what to consider when finding the best criminal defense attorney for your situation.

EVERY Case IS UNIQUE

To put it simply, the more serious the charges, the more work for an attorney and other experts that may help the defendant. This will mean higher legal costs as well. Usually there are two factors when it comes to criminal defense cases – the complexity of the case and seriousness of the charges.

Felonies often require a greater investment of time and concentrated effort, rather than a misdemeanor or domestic law case. Therefore, the legal fees are likely to be higher.

The more time one spends in pre-trial, the more time is spent appearing in court and negotiating, and any additional factors such as review of evidence. This can be very time consuming and will also be factored into the attorneys fee structure.

There are many strategies an attorney may take to build a strong case. They may look to investigators, doctors, or accountants to assist in the defense. It may also involve testimony from witnesses who will need to be found, interviewed, and researched. This will incur additional costs but could also make all the difference in a case..

Defendants Criminal History (If Applicable)

The cost of representation is also impacted by one’s criminal history. The more legal trouble someone has had in the past, the more the lawyer will have to work to make sure that those issues from your past don’t impact your current predicament.

Flat Fee vs Hourly Billing

Civil and family law attorneys often bill by the hour of work done on a case. It’s common for those attorneys to request a portion of the expected total cost upfront as a retainer. As they work on a case, they track the hours and will deduct it from the amount in the retainer. If they work more hours and exceed the amount in the retainer, they will likely require additional funds to proceed.

Experienced criminal lawyers will usually evaluate a case and have a good idea of the potential costs. Because of this, experienced criminal defense attorneys are able to quote a flat fee for their services. They will often review the case with the client and then quote a price to represent them in the matter. This is a good thing for the client because it gives the lawyer an incentive to get the best possible outcome with the least amount of work and time. This can mean a quick resolution to a case and no further unexpected costs.

Flat fees also allow clients to financially plan without any surprises. They don’t have to worry about hidden costs or running out of a retainer in the midst of a case. Everything is upfront and clear from the beginning. On rare occasions, an attorney may include a provision if the case goes to trial. In those instances, it should be clearly indicated in the contract.

Legal problems, especially drug related charges, can devastate one’s career, personal life, and future. There are few things more serious than facing drug related charges in Texas. So, fighting those charges will require skill, experience, and expertise. These things are not cheap- but when compared to the potential consequences of a conviction, experienced criminal defense is a bargain. Ask yourself this, what’s your future worth to you?

If you’re talking to an experienced criminal defense attorney, they will have a very good idea what costs are involved and what it will take to do the best job for you. You’re paying for quality representation and piece of mind- your freedom may depend on it.

If you encounter a criminal defense attorney who bills by the hour or has a hard time explaining their flat fee costs, you may want to look elsewhere. The best criminal defense attorneys can quote a fee very quickly and have no trouble explaining what will be involved with your case.

Meeting With a Criminal Defense Attorney

Before you have your first meeting, it’s best to understand what’s at stake and what punishments you face if convicted. Consider what a conviction will do to your future and how it could impact you and your family. Once you have a good understanding of what a conviction would do to your life, you’re better prepared to meet with an attorney and see how they can help you avoid a worst-case scenario. Here are a few questions to ask when meeting with a criminal defense attorney:

1. Do they have experience representing clients with similar cases?
2. Will they be the one working your case or will they hand it off to someone else?
3. Are they familiar with the court and/or judge in your case?
4. Do they have a strategy for your case?

To make the most of your time and get the best insight, be sure to bring these:

1. Court paperwork detailing the charges against you, and future appearances.
2. Bail papers.
3. Police reports.
4. Other paperwork that is pertinent to the case.

Your meeting with a criminal defense attorney is confidential. Therefore, It’s important to be completely honest and forthcoming with any lawyer you decide to meet. Depending on the type of criminal case, such as felony or a federal or state proceeding, the attorney may need to process quite a lot of information to give you the most accurate quote.

They will may ask if there is anyone else connected to the case such as victims, witnesses, other defendants. They need to make sure that they have not represented anyone else in order to avoid a potential conflict of interest.

THEY ARE ON YOUR SIDE

Once you’ve decided to meet, prepare to answer any and all questions the attorney may ask. Depending on the type of case, they may require a little or a lot of information.

Respond honestly, and ask for explanations if you need them. Your meeting is likely confidential, so don’t be afraid that disclosing information to your lawyer when they ask.

After a while, it will be your turn to ask the questions.

You want to know about their previous experience with similar cases, if they know the prosecuting attorney and how they operate, are they familiar with the judge, etc.

What’s their experience. How long have they practiced criminal law. Do they have any experience on the state side as a prosecutor or assistant district attorney.

The better reputation your lawyer has with the court, the better off you will be. If you have any sort of special request, make it known during the first meeting.

Will they be the lawyer handling your case from start to finish. Who are the other specialists that may be required such as investigators.

How will you communicate with them. How long do they think the case will last.

YOU GET WHAT YOU PAY FOR

While every citizen has a right to a defense, the Constitution doesn’t guarantee the quality of that defense. So, hiring an experienced criminal defense attorney is the best way to insure your rights are protected and they have your best interest at heart. Like any other industry, if you want the best, you’ll likely need to pay more. Experience and expertise don’t come cheap, so expect to pay a reasonable amount for a quality criminal defense attorney.

The ultimate cost of hiring an attorney will depend on several factors including the complexity of your case, the charges you face, any prior criminal history, the lawyers criminal defense experience, and any potential specialists that may be needed to help your defense.

When considering a criminal defense attorney, keep in mind that the cost depends on many factors but your freedom is priceless. A great criminal defense attorney may be the best protection of that priceless commodity.

If you’d like to discuss your case with a top criminal defense attorney in Montgomery County, Texas, contact us today for a free consultation. We have proudly defended clients for over 20 years with countless victories. Your freedom is our top priority.

Texas already has some of the highest rates of incarceration and convictions in the US and these new laws will surely grow the numbers of arrests and expand the Texas prison population. Meanwhile, the funding for police and other law enforcement agencies grows exponentially. The escalation of the “drug war” continues to exact a high cost for taxpayers and communities throughout Texas.

Many of these laws went into effect on September 1, 2023 and will have far reaching impact on anyone facing charges related to these crimes. Here’s a brief overview of the new Texas criminal laws.

Fentanyl

In 2023, Texas enacting some of the harshest penalties in the nation in an effort to combat fentanyl distribution, manufacturing, and possession.

• HB 6 increases the penalties for those who manufacture or sell fentanyl to a person resulting in their death. The bill classifies fentanyl overdoses as “poisonings,” allowing murder charges for those accused of providing the fatal dose. Read more here. The bill was signed by Abbott and takes effect on Sept. 1, 2023.
• HB 3144 designates October as Fentanyl Poisoning Awareness Month in an effort to increase awareness of the dangers of fentanyl and potential overdoses. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Aggravated Assault Penalties Elevated

• HB 28 raises the criminal penalty for aggravated assaults from a second-degree felony to a first-degree felony if the assailant uses a deadly weapon during an assault that causes a traumatic brain or spinal injury that results in a vegetative state or paralysis. The change in law applies only to an offense committed on or after Sept. 1. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Intoxication Manslaughter

• HB 393 orders a defendant convicted of intoxication manslaughter to pay restitution to a child whose parent or guardian was killed in the crash. They will have to pay monthly support until the child reaches 18 years old or until they have graduated from high school, whichever is later. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Boating While Intoxicated

• HB 1163 creates a separate criminal offense for boating while intoxicated with a child passenger. In this bill’s context, a child passenger is someone who is younger than 15. Several amendments that come with the bill can be viewed in the bill’s analysis. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Street Racing

• HB 1442 builds off the foundation laid by SB 1495 from the last session and gives law enforcement officials and prosecutors additional means to combat street racing and street takeovers in Texas. The bill was signed by Abbott and takes effect on Sept. 1. 2023.

Tampering With Monitoring Device

• SB 1004 makes tampering with an electronic monitoring device a criminal offense. The bill’s text clarifies that an offense of this nature would be a third-degree felony. The law does not apply to a monitoring device that is removed by a health care provider. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

That means there is also a huge amount of demand for the help of skilled lawyers. However, some people do not understand why it is supposed to be so vital to find a drug possession attorney after facing drug possession charges.

The truth is that working with the right attorney can provide a long list of benefits that can make it more than worth your while. If your legal situation seems bad now, you may find that a great attorney can help things resolve much better than you imagine.

Read on to learn all about the top ways a qualified drug possession attorney can help you!

Understand Your Drug Charges Prospects

Most people don’t have much experience dealing with drug charges. In contrast, drug possession lawyers get to see how a wide variety of drug possession cases are resolved in the end. That gives them the perspective necessary to assess your legal situation after being charged with drug possession.

You might think that you already know how your case is likely to end. However, you might be surprised by how much you can learn from the expertise of an experienced drug possession lawyer.

On the one hand, you might discover that things are worse than you realize. Although this can be unhappy news, it is also vital to hear it in such cases. The more realistic you are about your prospects, the better you can prepare your strategy to help things go as well as possible.

On the other hand, you might find out that your legal situation is much better than it seems at first. Until you speak with a drug possession attorney, you really won’t know what you are dealing with.

When you are preparing for a drug possession trial, ignorance can be dangerous. Knowledge is power, and the insight of a skilled drug possession lawyer can go a long way toward helping you make the wisest decisions possible given your difficult circumstances.

Avoid Mistakes After Drug Possession Charges

One reason it is so important to have the experience of a lawyer on your side is so that you can avoid mistakes that can affect your life for years to come. In the middle of drug possession charges, it can be easy to say or do something that can make it much harder for you to avoid being found guilty later on.

The sooner you speak with a lawyer, the sooner you can learn about all of the different ways that their past clients have made things worse for themselves by accident. That understanding can help you avoid similar mistakes and start investing in the best case outcome possible in your situation.

One of the reasons it is so difficult to avoid mistakes after drug possession charges is that what seems fine in an everyday context is not always acceptable in a courtroom context. Sometimes, achieving an acceptable case outcome is as much about avoiding mistakes as it is about making a strong case for yourself.

Understand How to Behave in Court

In theory, our courtrooms should focus mostly on whether or not people are guilty or innocent. However, in practice, there is a lot that you can do in the courtroom that can make things go better or worse for you.

Knowing how to act in a courtroom context can have a huge effect on what kind of sentencing you receive. The more that you know how to make a positive impression on the judge, the less likely you are to regret failing to do so for months or years.

Know How to Challenge a Drug Arrest

Some people feel that once they have been charged with drug possession, it is too late to change anything. However, the truth is that drug arrests are not always as airtight as they seem. In fact, police officers will sometimes exaggerate how airtight the evidence they have is in the hopes that someone will give up and stop trying to provide themselves with the best defense possible.

That is one of the biggest reasons it is so important to get a lawyer on your side as soon as possible after a drug arrest. Your lawyer will be able to analyze your situation and identify any weak points in the case that could be made against you. They might even be able to find violations of your rights that can invalidate some of the evidence that points toward your guilt.

At the end of the day, challenging a drug arrest is a complicated process that requires a lot of training and experience. Without a lawyer on your side, there is not much chance that you will be able to defend yourself effectively.

Get Drug Attorney Help Gathering Evidence

If you wait too long before finding a drug attorney to help you, that might be too late to gather evidence that could be crucial to improve your case outcome.

Depending on your situation, it might be helpful to gather statements from witnesses. In some cases, drug attorneys even help their clients by finding expert witnesses who can testify on their behalf. There might also be a fair amount of physical evidence to gather or photos and videos that would be worth collecting for your day in court.

However, all of this evidence preparation takes time and planning. The sooner you have an attorney who knows how to help find the most effective evidence to defend you in court, the more evidence you will be able to gather.

Receive Skilled Representation in Court

Of course, the way your evidence and story are presented will also make a big difference in the persuasiveness of your defense. That is why it is essential to find an experienced drug possession attorney to help you.

Many drug possession in cases are settled out of court. As a result, some drug possession attorneys rarely represent their clients during an actual trial. If you are not careful, you might end up hiring a lawyer to help you who has little experience providing a persuasive defense against drug charges.

You will also want the experience of a successful drug possession attorney on your side when it comes to all of the forms, rules, and procedures that must be followed in court.

On the other hand, you might end up deciding to negotiate a deal before going to trial as well. In such cases, attorneys who have a lot of experience negotiating similar deals can help you receive the best deal possible.

Benefit From Connections With Prosecutors

During a trial, the lawyers on the sides of the prosecution and the defense oppose each other. However, outside of trials, these same lawyers often enjoy friendly relationships. The right drug possession attorney for you may have relationships going back years with members of the prosecution.

Those kinds of relationships can make a huge difference in determining what kind of deal you get in a negotiation.

Reduce Your Sentencing as Much as Possible

Depending on your situation, a skilled drug possession lawyer might be able to help you avoid a guilty sentence. If that is not possible, then you will still want the best defense possible to help you reduce your sentencing. That goes double because Texas has some of the highest conviction rates in the US.

Save Money After a Drug Possession Arrest

Some people feel that hiring a qualified lawyer is too expensive. However, that analysis is often shortsighted. In the long run, it is almost always better to invest in the best representation you can.

After all, if you can’t work for years because of your case outcome, you will lose much more money to lost wages. You can also end up paying enormous fines if you don’t have a drug possession attorney to help reduce your sentencing.

Working with a skilled drug possession lawyer can also decrease the chance that you lose your job after facing drug charges.

Know How a Drug Possession Attorney Can Help

Not everyone is sure at first that they need the services of a skilled drug possession attorney. However, there is a much lower chance that you will be found innocent if you don’t have the help of an experienced lawyer on your side. Investing in anything that can reduce your sentencing is an investment that will pay for itself many times over.

To learn more about how you can find the best drug possession attorney for your legal situation, reach out and get in touch with us here at any time!

A DWI isn’t just a mark on your record. It can also accrue a great deal of expenses. Learn about the unexpected costs of a DWI here.

The consequences of driving while intoxicated can be severe. Sadly, every 8.5 hours, someone in Texas dies in an alcohol-related traffic crash. To protect drivers and keep our roads safe, Texas law enforcement targets drivers who may be at risk behind the wheel.

It’s not unusual for drivers to assume they are ok to drive after a few drinks. This assumption can spell disaster if the driver is over the legal limit. It’s possible to get a DWI charge even if you feel entirely coherent and can drive safely. If you find yourself in this situation, you’ll be dealing with more than a blemish on your driving record. DWI charges in Texas can have severe, lifelong costs that you need to know about.

Let’s dive in.

Ignition Locks

In some cases, you may be required to use a court-mandated interlock device on your vehicle. This device measures your blood alcohol content (BAC) and only unlocks if you are under the legal limit.

In this scenario, you will need to purchase this device on your own. Otherwise, you cannot legally drive. It’s worth noting that having someone help you unlock the interlock device is a crime that can result in punishment for both parties.

Keep this in mind when moving forward.

Social Stigma

There’s something to be said about the social stigma that comes with a DWI conviction. This is true even if your case did involve property damage, injury, etc.

When most people hear about a DWI case, they assume that the person in question was driving well above the speed limit, swerving all over the road, and putting everyone else around them in danger. Many people also aren’t willing to learn about the details of the case, such as how short the drive was, how little the driver had actually had to drink, etc. This social stigma could ruin relationships and make life more difficult overall.

So, there is a price to pay when it comes to quality of life.

Missing Work

Court appearances often require people to miss work. This could lead to a large number of complications regarding your employment.

If you’re an hourly employee, you won’t get paid for the time you spend in court. You may also not have enough paid time off, which could cause you to lose your job. If your employer learns why you need to visit court, they may question your judgment and pass you up for promotions in the future.

This could serve as a substantial roadblock in your career path that can be difficult to overcome.

Higher Insurance Premiums

Those with a DWI on their record will pay much more in insurance premiums. They might even find that their provider drops their coverage entirely.

This is simply due to the fact that insurance providers will view drivers with a DWI conviction as a substantial liability. Those who are willing to provide insurance options will often charge a high amount for minimum coverage. This could create a large number of complications later on, so it’s something you want to avoid at all costs.

Difficulty Finding a New Job

A DWI conviction doesn’t only affect your current job. It can also affect your ability to find a new job.

As you might assume, any position that requires operating a motor vehicle is likely out of the question. Employers might be apprehensive about hiring someone if a DWI comes up on a background check.

For example, let’s assume there are two candidates who are equally experienced and equally skilled. If one has a DWI conviction and the other doesn’t, most employers will likely choose the one who does not.

A situation like this could make it difficult to increase your income by switching jobs, relocating to a new city, etc.

DWI Legal Fees

During your case, you will need to budget for legal fees so that you can receive the appropriate legal representation. Depending on the complexity of your case, this could prove to be a substantial amount of money.

To clarify, let’s assume that your DWI case resulted in property damage to multiple vehicles. A situation like this is much different than one where a driver under the influence was pulled over for speeding.

This is also a guaranteed expense that you will incur. Not every case involves losing one’s job or purchasing an interlock device. All cases involve legal fees, however.

Finding the Right Attorney

To achieve the best outcome, you need to find an experienced DWI attorney.

This is the the best way to properly navigate a DWI case. When searching, be sure to take a look for DWI attorneys near me to insure they are local to the area. You also want to be sure to read reviews and other information both on and off their website to learn about the DWI attorneys reputation.

Make sure the DWI attorney you meet is the one that will handle your case from start to finish. Don’t let the firm bait-and-switch DWI attorneys on you in the middle of your case. You could risk having an inexperienced or less-skilled DWI lawyer represent you. Follow up with questions such as prior results in DWI cases, the estimated costs, and potential outcomes.

Look for someone who is communicative. Being unable to get in touch with them can make an already stressful situation even worse. So, keep an eye out for this attribute.

With a bit of research, you’ll be able to find a DWI lawyer who has everything required to help get your charges reduced or dismissed.

Take Action Today

If you’re dealing with a DWI case, time is of the essence. It’s crucial to get an experienced DWI attorney working on your case as soon as possible to set the stage for success. The best DWI attorneys will have the knowledge and resources necessary to help you navigate this process and get the best possible results.

Reach out to the office of Conroe DWI attorney Andrea M. Kolski today to discus your DWI case and how she can protect your rights, keep your costs in line, and garner the best possible result. With a track record of dismissals and victories second to none, Conroe DWI attorney Andrea M. Kolski is among the elite DWI attorneys in Texas. Call today and get on the right track toward a favorable outcome.

On average, every 25 seconds, someone is arrested for drug possession in the US. This statistic has grown steadily, and today one-fifth of the incarcerated population is now there on drug charges. The best way to avoid becoming another sad statistic is to get the best legal help right away. When it comes to beating drug charges, what’s the best way to find the best drug lawyer for your case?

Using a smart vetting process for potential Montgomery county drug lawyers can help narrow down your decision. Read on as we give some essential questions to ask a drug lawyer in Montgomery County.

1. How Long Have You Been Practicing?

You can get a great criminal lawyer who does not have any experience. However, it is unlikely they will know the intricacies of criminal defense. They may also lack personal knowledge regarding how to talk to a judge and jury if the case does go to trial.

Ask how long the lawyer has specialized in criminal defense. If they work with many different types of law, they may lack experience in your field despite having operated for a long period of time. One or two specialist areas is the ideal number.

2. How Do You Charge?

There are three ways a drug possession attorney can charge. These are an all-inclusive flat fee, by the hour, or a hybrid of both. You need to know how they charge to decide if you can afford their fees.

An inclusive flat rate gives you a much better understanding of the final cost. It will be one sum from beginning to closure, regardless of if the case runs on or ends quickly.

A flat rate can also give the lawyer incentive to get the best result for your case in the fastest amount of time.

With an hourly fee, the costs could spiral without you even knowing. Make sure you ask to see samples of billing to ensure it is transparent and all time is accounted for properly. Of course, you could always end up paying less in this situation.

A hybrid approach is a mix of both. A lawyer may charge a flat fee for the services, then charge hourly if it goes to trial. Neither of the above methods is bad or better; they just suit people differently.

3. Who Will Be Handling My Case?

Generally, the larger the company, the more people will be involved in your case. There may be different attorneys, paralegals, and interns all looking at it at any one time.

On one hand, you have a lot of trained people working for you. On the other, communication can often get lost in these large firms. Information may get missed from person to person.

To avoid this, choose a smaller local drug possession lawyer in the Montgomery County area. You will build a relationship with the person building your case, increasing trust and communication.

4. How Often Do You Go to Trial and What Is Your Trial Experience?

A drug possession attorney may settle the case with a plea bargain and avoid going to court. This is logical, as court cases will cost more money and time. However, this can not always be done, and in some instances, the courtroom is where the case may be headed.

If your case is complicated and it could have a chance of going to court, you need experience. Ask which court cases the lawyer has done in the past, how they prepared, and what they think the likelihood of going to court is. Standing in front of a judge and jury and arguing a case needs a very specific skill set.

5. Do I Owe Any Other Fees?

Once you know how the criminal lawyer charges, you need to check that you don’t owe other fees. Filing complaints, motions, and briefs all cost a lot, and you need to know if these are in the price given or not. If you need experts to testify on your behalf, then the fee will increase even further.

All of this helps you get a picture of the final cost. Don’t leave it until the last minute to ask this either. You could be wasting your time and the lawyers if the pricing is not suited to you.

If you can afford it in one go, speak with the criminal defense lawyer. They may offer payment plans or have ways to bring the cost down.

6. How Is Their Standing With the State Bar?

Anyone can go to the state bar website and check on a lawyer. This will tell you any issues they may have had, such as sanctions, complaints, and rebukes. Don’t write the attorney off if they have these, but give them chance to explain their side of the story and make a decision after this.

7. How Do You Communicate?

Communication is important because some people will have very different ideas about getting in touch with their lawyers. You may be imagining a 24-hour direct telephone line to your attorney. On the other hand, they may operate by sending you an email once a week to discuss progress.

First, establish how you contact them. Is it best via email or phone? What is their reply turnaround time is to your queries?

After this, discuss how often you will be updated on the case. You could request a weekly or fortnightly update just to put your mind at rest. The last thing you want is a bill from an attorney you have never heard from.

8. What Are My Obligations?

When the criminal defense lawyer takes your case, you will need to provide them with certain information. These may be documents or accounts that can build a case.

It is important that you are honest with your lawyer. If you have prior convictions or have been charged for the same offense in the past, let them know. This makes it much easier for them to build a case that will get the best result for you.

Montgomery County Drug Lawyer

Finding the best lawyer involves talking and vetting your potential defense. Don’t feel intimidated or threatened. It is you that will be paying the fee and serving any sentences should it not go to plan.

Non-Stop Justice should be your first option when looking for a criminal defense lawyer in Montgomery. Dealing with criminal and family law, we have the experience and knowledge to build your case. Contact us here to discuss your needs and let us get justice for you, starting today.

In the US, someone is arrested for drug possession every 25 seconds. This incredible statistic reveals how drug laws, and drug convictions, impact the lives of millions every day. Understanding what to do when dealing with drug charges is an important step towards protecting your freedom.

First, there is a difference between being charged and being convicted of drug possession. A conviction is a court declaration of the person’s decided guilt. When a person is charged, they can choose to plead guilty and move to sentencing or decide to plead not guilty and fight the charge in court. A person who is found guilty of drug possession likely faces jail time and/or stiff fines or penalties. A drug possession charge is an allegation of the crime that was supposedly commited.

If you or someone you know has been arrested and charged with drug possession, there are plenty of ways to fight it. From challenging the evidence to asking for alternative punishments to jail and fines, the best attorneys will use the tactics we describe below.

Keep reading to learn more about how a drug possession lawyer will help you fight your charge – and keep you out of jail.

What Are the Consequences of a Drug Possession Charge?

The penalties for drug possession in Texas range from the not-too-serious to incredibly devastating. Texas has some of the highest conviction rates in the US, so any charges should be taken seriously. The penalties one can face depend on a number of factors.

Factors include the type of drug in question, the amount, and other aggravating factors. Aggravating factors are details such as proximity near children or a school. Lastly, the intent to sell or use the drug will impact the penalties as well.

Penalties for a drug conviction include:

• Heavy fines
• Community service
• Jail time or time in a federal prison
• Probation
• House arrest

Beyond these penalties, a conviction from drug possession will go on your permanent record. Having a criminal record for a drug conviction impacts your ability to find employment, get loans, vote, own a gun, and even find housing.

How a Drug Possession Lawyer Fights For You

Remember, being arrested for drug possession is not the same as a conviction. None of the above penalties apply until you’re actually convicted.

When facing drug possession charges, the best possible outcome is to avoid being convicted. How does one avoid conviction?

Like everything else in life, when you have an emergency, you want qualified expert help. If you need a life-saving medical treatment, you want a doctor who specializes in that treatment. It’s the same with the law. It’s best to find a drug possession lawyer that has experience defending drug cases and immediately get them working on your case. A good drug possession attorney can strategize the best course of action and see what must be done to give you the best possible outcome. Every case is unique, but some defenses are more common than others. Below are some common arguments an experienced lawyer could make, given the right circumstances.

Fourth Amendment Rights

Every citizen is afforded certain rights under the Constitution. Your rights under the Fourth Amendment to the US Constitution include the right to the due process of law. As part of that, you’re protected against unlawful search and seizure. Therefore, a good attorney will examine how the evidence collected against you was obtained.

For example, an arresting officer must have a reasonable suspicion to stop and search you. If they had no reason to suspect you were breaking the law or putting others at risk, they had no right to search you, and whatever they found during that search could possibly be thrown out of your case.

Missing Evidence

Time often works against defendants in drug cases. This is especially true regarding evidence. Failure to secure evidence quickly can risk things being misplaced, lost, or other critical elements of a case going unprotected.

An experienced drug attorney can act fast to request all of the evidence that the state may use in their case against you. This is a way of making sure that all of the evidence is secured and available for scrutiny by your defense lawyer. Evidence can get lost through multiple transfers, testing, and storing. If the evidence isn’t present, then it’s not admissible in court.

Establishing Constructive Possession

Constructive possession means the prosecution proving that the drugs in your possession were actually yours. Just because something is deemed to be in your possession because of the circumstances, doesn’t mean it actually belongs to you. If you didn’t own the drugs or have knowledge of their presence, your attorney could argue you’re not responsible for the crime..

This might apply in a case where you were driving a friend’s car, for example. Perhaps you borrowed their car and were pulled over for speeding when the drugs were found in the glovebox.

This defense can sometimes be tricky to prove. An experienced drug possession lawyer understands how this defense must be established and presented in order to help your case. Any misstep or overlooked detail could derail this defense so working with your attorney will be critical.

Establishing What the Substance Was

The prosecution in your case has to prove that the substance in your possession was actually a controlled substance. It is possible to challenge the lab reports that determined what the substance was.

By challenging lab reports, your attorney can establish reasonable doubt. That may require the laboratory to retest or to testify in court. Bringing a lab technician in to testify is an expensive process. This can also add to the time the prosecutor needs to prosecute, as well as additional expenses for the court. So, the added pressure from your attorneys challenge could open the door to negotiate reduced charges or even a full dismissal.

Diversion Programs

If there’s no way to challenge the evidence under the Fourth Amendment, by calling into question the legitimacy of lab results, or through the other methods mentioned above, all is not lost. A skilled drug possession lawyer could argue that you and society would be better served by a diversion program than a drug possession conviction.

This is often applied to minor possession charges, and not cases where the police have been observing you for some time. With a diversion program, you may be required to pay fines and court costs, complete a drug treatment program, and submit to drug testing following the rehabilitation program. You may also be required to complete community service.

A big benefit of a diversion program is that, as long as you follow all of your obligations, your charges are dropped. That means there’s no conviction record and you won’t have a criminal record.

However, a diversion program requires sincere effort by the defendant. You must be committed to whatever requirements the court has ordered. This may include getting and staying clean. If you don’t comply, you risk receiving the maximum sentence for the charges and may even have to pay for the rehabilitation you were given.

Ready to Beat Those Drug Possession Charges?

Obviously, no skilled attorney can guarantee results. Every case is unique and will require a full review before deciding on a strategy.. However, having an experienced drug possession lawyer on your side is a big step towards presenting the strongest possible case.

If you or someone you know received a drug possession charge, all hope is not lost. There a number of actions you can take to avoid a criminal record and potential jail time. These may include challenging the evidence gathered against you or looking for alternative sentencing involving a diversion program. But the defense will depend on the particulars of your situation.

When facing drug possession charges in Texas, your freedom and your future are on the line. Give yourself a fighting chance with an experienced drug possession lawyer by your side. Contact us today to find out how we can help.

Have you been charged with drug possession? If so, you may not know where to turn. Drug-related criminal charges in Texas can be very serious. You could even face felony charges depending on the circumstances of the situation. You need an experienced Texas criminal defense attorney on your side who will fight for your rights.

What Defense Tactics Can a Lawyer Use on Your Behalf?

If you’re facing criminal drug charges you may be scared and the situation could seem hopeless. But a lawyer can help defend you using a variety of different tactics. Here are some of the ways your lawyer may be able to plead your case.

1. The 4th Amendment

Unlawful Search and Seizure. The 4th amendment to the constitution states the law enforcement cannot illegally search your property, including your home and your vehicle. For example, if drugs are found in plain sight in your car or apartment, law enforcement can seize them as evidence. But they cannot break into the trunk of your car to find drugs. If the 4th amendment is violated, your case may be dropped.

2. Entrapment

Another of your amendment rights is the 14th amendment, under which the due process clause is included, prohibits entrapment. Entrapment refers to law enforcement planting drugs or providing the drugs in question in order to wrongfully incriminate the defendant. If the validity of such a claim is questioned, the officer’s complaint file can be submitted into evidence.

3. Deny Possession

Your lawyer can claim that the drugs did not belong to you or that you didn’t know they were in your apartment or vehicle. The drugs could have belonged to another passenger in your car or a guest in your home.

4. Chemical Analysis

The drugs in question must be tested to ensure they are in fact the illegal substance that the criminal charges claim. Sometimes a substance may look like a certain drug, but it may not actually be anything illegal. If there is no crime lab report identifying the drug, there may be no case.

5. Drug Evidence Goes Missing

Sometimes the drug evidence that is seized during the arrest will be lost before the trial. These items often exchange hands a few times before they are officially submitted to a drug locker for safekeeping until the evidence is required.

6. Medical Marijuana

In marijuana charges, there is sometimes a medical need that can be used as a defense. If your lawyer can prove that you have a doctor’s prescription for medicinal marijuana, you may have a reasonable defense.

None of these defenses are guaranteed to get your case dismissed or even to lead to a not guilty verdict if your case goes to court. But these are just some of the possible defenses your lawyer may attempt to use on your behalf. The bottom line is that you have a better chance of a favorable outcome if you hire your own lawyer, rather than accepting a court-appointed public defender.

Have You Been Arrested For Drug Possession? Call Non Stop Justice

Drug possession charges can be serious and result in severe consequences. A drug charge of any kind on your record can affect your life in many ways from stunting your career to preventing you from being able to rent a home or apartment. Non Stop Justice, the Law Firm of Andrea M. Kolski, will work hard to defend your rights both in and out of the courtroom. We understand that your future is at stake and you need the best possible defense.

Call (832) 381-3430 to speak to an attorney today or contact us and we will be in touch as soon as possible. Andrea Kolski handles every case personally, which means you get the benefit of first-hand expertise.