If you are charged with possession of cocaine, it is critical that you consult with an experienced cocaine defense attorney as quickly as possible. Cocaine possession is a regularly charged criminal offense in Texas and the Greater Houston area. All arrests for possession of cocaine are felonies with potentially steep penalties. With a cocaine possession charge, the goal is always a dismissal of the case. Attorney Jose Ceja is a former drug prosecutor who has handled hundreds of cocaine cases throughout his career.
What is cocaine?
Cocaine is a plant-based stimulant that is derived primarily from two coca species native to South America. Although cocaine was used by indigenous people in the Americas for centuries, it was not isolated until the 1800s in Germany, after which its popularity grew and soon reached the United States where it was often thought to have medicinal value. It was not significantly regulated in the United States until the 1920s. It is now illegal in all 50 states and virtually all countries in the world.
In the Greater Houston area, cocaine has been one of the most widely abused recreational drugs for decades, with hundreds of arrests each year. Most people arrested for cocaine use are alleged to be in the possession of personal amounts of cocaine, usually 2-3 grams or less. The penalties for cocaine use vary depending on whether you are alleged to have possessed the drug, delivered the drug, or manufactured the drug. Hiring an experienced criminal defense attorney is critical to obtain the best possible result and protect your freedom if you are charged with cocaine possession.
Penalties for Cocaine Possession in Texas
The penalties for cocaine possession in Texas can be severe and are based on the weight of the substance, including adulterants and dilutants. Under Texas Health and Safety Code 481.102(D), cocaine is considered a Penalty Group I substance. Under Texas Health and Safety Code 481.115, cocaine possession is subject to the following penalties:
- Less than one gram: State jail felony punishable by 180 to 2 years and a fine of up to $10,000.
- 1 to 4 grams: Third-degree felony punishable by 2-10 years and a fine of up to $10,000.
- 4 grams to 200 grams: Second-degree felony publishable by 2-20 years and a fine of up to $10,000.
- 200 grams to 400 grams: First-degree felony punishable by 5-99 years and a fine of up to $10,000.
- More than 400 grams: Punishable by 10-99 years and a fine of up to $10,000.
Penalties for Delivery or Manufacture of Cocaine
Texas law has different punishment ranges for the delivery of cocaine and manufacture of cocaine. Delivery can be accomplished in several ways other than physically handing off cocaine. Under Texas law, “delivery” can be accomplished by an actual transfer (as in a hand-to-hand transaction), constructive transfer (like leaving drugs at a “drop point), or an offer to sell. Similarly, “manufacturing” is broadly defined to include the production, preparation, compounding, conversion, packaging or labeling of cocaine. Under Texas Health and Safety Code 481.112, delivery of cocaine is subject to the following penalties:
- Less than one gram: State jail felony punishable by 180 to 2 years and a fine of up to $10,000.
- 1 to 4 grams: Second-degree felony publishable by 2-20 years and a fine of up to $10,000.
- 4 grams to 200 grams: First-degree felony punishable by 5-99 years and a fine of up to $10,000.
- 200 grams to 400 grams: Punishable by 10-99 years and a fine of up to $10,000.
- More than 400 grams: Punishable by 15-99 years and a fine of up to $10,000.
How are cocaine cases defended in Texas?
Drug cases, including cocaine cases, are frequently challenged by showing that the evidence was obtained illegally and should be suppressed (i.e., not permitted in court). Under the United States and Texas Constitutions, the police are prohibited from using evidence that was obtained in violation of the rights of a defendant. Very frequently in the Houston area, judges suppress evidence that was obtained illegally in cocaine cases. For example, if the police stopped your vehicle and found cocaine in your car, the police must have had a valid reason to perform the traffic stop. Very often, police officers lie about the reason for a search or traffic stop and it is critical that your criminal defense attorney obtain all of the evidence in your cocaine case to challenge the stop, search, arrest, and confession. If your criminal defense lawyer can show that a critical piece of evidence was obtained illegally, that could lead to the suppression of evidence and the case being dismissed.
The area of law relating to traffic stops and searches is known as search and seizure law. An experienced criminal defense attorney should be familiar with what the police are permitted and prohibited from doing in traffic stops, searches and interrogations. Violations of search and seizure law are typically decided at suppression hearings either before or during trial. Even for attorneys who handle criminal cases, suppression hearings can be highly specialized and it is critical that you are represented by an attorney with experience in handling them.
Cocaine cases are also successfully defended on the basis of lack of knowledge. Under Texas law, a person alleged to be in the possession of cocaine must have possessed the cocaine knowingly. If, for example, you are just the passenger in a car where cocaine was discovered, you are not automatically guilty. The police must be able to establish a link between you and the substance that was found. Usually, the police will attempt to do this by eliciting a confession from you, or by looking at other facts surrounding the arrest. Depending on the facts of the case, a creative criminal defense attorney can use tools like a polygraph or a drug test to show that you did not knowingly possess cocaine.
In the Houston area, many prosecutors treat users of cocaine with more leniency than those involved in the distribution or manufacture of cocaine. If you have minimal criminal history and are charged with possessing a small amount of cocaine, your case may be transferred to a special drug court where the focus is on rehabilitation and defendants are offered pre-trial diversions, that could result in the dismissal of your cocaine case.
If your cocaine case is dismissed, or if you are acquitted at trial, you may be eligible to have your records expunged. Under Texas law, an expunction is the best possible result, as it results in the literal destruction of any records relating to your cocaine case. A dismissal or acquittal and an expunction should always be the goal in a cocaine case.
Hire an Experienced Houston Cocaine Possession Attorney
Houston criminal defense attorney Jose Ceja is a former drug prosecutor who has handled thousands of drug cases in his career. He has worked with state and federal law enforcement agencies on cocaine investigations and is well-versed in the law of search and seizure. Attorney Jose Ceja is an excellent choice if you are charged with possession of cocaine in the Greater Houston area. Call Ceja Law Firm today to schedule a free consultation.
