Have you or a loved one, or a friend … been charged with illegal drug possession in Houston (Harris County) Texas, or been charged with conspiracy to distribute or possession with intent to deliver narcotics? If so, you need to contact Houston-based drug lawyer Cheryl E. Irvin. Irvin is a highly experienced and competent attorney and former court judge with over 30 years experience as a practicing attorney in the State of Texas.
Attorney Irvin graduated from Texas Southern University Thurgood Marshall School of Law in 1980, and she served as Houston City Court Judge from 1996-2001. Irvin also is a member of Harris County Criminal Lawyer Association, and a member of the prestigious National Trial Lawyer Association. In 2014, National Trial Lawyer Association picked Irvin as “one of the top trial lawyers” in the nation. [www.thenationaltriallawyers.org]
Texas is a way down south state known in a big way for strict illegal drug/narcotic laws no matter if a person is charged with simple possession or possession with intent to deliver.
Possession of illegal drugs/controlled substances in Texas violates the Texas Controlled Substances Act.
To win a drug conviction, a prosecutor must prove beyond reasonable doubt that a person… “Knowingly and Intentionally” possessed or had some control over a controlled substance.
Don’t Mess With Drugs in Texas
A conviction for first defenders slangin’ dope in Harris County Texas can have the penalty ranging from six months or up to 2 years of State Jail time, probation, fines, including six months revocation of your driver’s license. Depending on someone’s prior criminal history, a drug conviction in Texas ranges from 2-20 years in prison or 5-years up to 99 years or life in prison for habitual offenders or major players in the drug trade that handle heavy weight dope.
“I remember the days when habitual offenders were sent to prison for up to 99 years or life in prison for residue in a crack cocaine pipe or for possessing one rock of crack cocaine,” Irvin recently said.
A testament to Irvin’s devotion to her clients, two years ago, Attorney Irvin was put into jail custody by Harris County Criminal Court Judge Denise Collins over a heated dispute regarding Irvin’s client in a drug conspiracy case. A State Commission on Judicial Conduct later reprimanded Judge Collins for wrongfully detaining Irvin over her representation of her client. [www.houstonpress.com]
“I treat my clients the way that I would like to be treated and that’s with respect and dignity no matter what kind of criminal charge or charges a person may be facing,” Irvin told NewsBlaze by phone.
Irvin’s dedication to her client’s defense is built on the premise that our nation’s laws are in place to ensure the Constitutional rights of defendants are upheld. If the rules of law are properly enforced, “citizens are guaranteed protections under the Constitution,” according to Attorney Irvin.
Yet in today’s society, Irvin explains, “law enforcement, and sometimes our courts, don’t always follow the law as required by our Constitution.”
This is why if you’re in need of a highly qualified attorney to represent you at every stage of your drug case, Cheryl Irvin is ready to battle for your rights and work diligently to win your case or have your case disposed in a satisfactory manner.
“One problem that I have with drug cases is that some clients give police consent to search their car, home or personal effects,” Irvin said. “My position as a lawyer is for citizens to tell officers to go get a warrant.”
Having tried “slightly over 100 jury trials throughout her career” … Attorney Irvin takes deep pride in dealing with her client’s case particularly in light of how some law enforcement officers target certain people throughout city of Houston and across the city jurisdiction into Harris County neighborhoods. Her first strategy is to thoroughly investigate the drug arrest.
“Once you interview your client and compare your client’s story with the police report, you look for legal objections to the charge and whether the prosecutor can prove a case against my client,” Irvin told NewsBlaze.
Irvin further said that in a drug case, she makes it a priority to investigate:
- Was My Client Arrested In a Vehicle, At Home, Or At Someone’s Else Residence?
- How Can Officers Prove Drugs Found In a Vehicle Belonged To My Client If the Vehicle Did Not Belong To My Client?
- Exactly Where Drugs Were Found And If the Law Can Make an Affirmative Link Between the Drugs And My Client
Not only does Attorney Irvin take on drug cases, she represents clients on criminal offenses ranging from capital murder all the way down to theft and DUI.
Bottom Line: Attorneys must work hard and steady to prepare for trial to know how to effectively try a case in court. Thorough preparation combined with legal intelligence is a skill that only a lawyer can perfect over the years with firepower to back it up. At “the Irvin Law Firm,” Attorney Cheryl Irvin and her staff strongly believe every client and any other American citizen is entitled to Constitutional protections under the law no matter where they live and no matter what kind of criminal charges they are facing.
Attorney Irvin acknowledges that criminal defense attorneys are often criticized for passionately defending “bad people” but she also know good lawyers are always the first line of defense when laws aren’t upheld according to the U.S. Constitution.
If you need representation today on a drug case or any other court case you are only one phone call away from Cheryl Irvin, one of the best lawyers in Harris County Texas.
Call For Consultation Appointment: 713-222-7200
Here is a complete breakdown of Texas illegal drug laws and the penalty for each offense. This information is only for educational purposes. Consult an Attorney for verification of the following Texas Drug Law information
Simple Drug Possession in Texas
Texas state law imposes penalties that range from a relatively minor misdemeanor to severe felony charges. Depending on certain factors or circumstances charges could be drug possession or drug possession with intent to distribute.
- How the drug was concealed or stored
- Possession of drug with paraphernalia (scale)
- Drugs found with large amount of money
- Past convictions/prior offenses
As you can tell from the specific statutes below, the penalties can be serious. If you find yourself facing drug possession charges in Texas, it is in your best interests to get advice from a lawyer like Cheryl Irvin as soon as possible.
Marijuana Possession Penalties
Considered as a controlled substance class on it’s own, possession of Marijuana has it’s own penalties that are not the same as other drugs or substances.
The most common marijuana possession offense of under 2oz have a maximum penalty of 180 days in jail. However, in most situations, we can negotiate a deal for probation in exchange for a drug treatment program, and successful completion of such a program can result in the charges being dropped.
If you are accused of being in possession of more than 2oz, Texas marijuana penalties range from 180 days in jail up to 20 years in prison with fines of up to $10,000.00. However, the illegal possession of more than 2,000 pounds of Marijuana may result in a life sentence. See my Texas marijuana possession laws page for more details.
Possession of Cocaine, Heroin, Methamphetamine
Known in Texas under “Penalty Group 1,” minimum penalties could be two years in jail and $10,000.00 fine but it may run up to a maximum of life imprisonment for possession of 400 grams or more.
Possession of LSD
Held under Penalty Group 1A, hallucinogens like LSD could result in a penalty of two years to life imprisonment with fines imposed of up to $250,000.00.
Possession of Ecstasy, PCP, Mescaline (Group 2)
Penalty Group 2 under Texas drug laws includes ecstasy, mescaline, and PCP. Ecstasy or MDMA (also called “Molly”) in particular is a common club drug and is regularly charged in Texas courts.
Hashish and forms of cannabis with resinous or extracted THC are also in this felony category.
These drugs carry two-year jail sentences for less than one gram, and maximum sentences of life imprisonment and fines up to $50,000 for 400 grams or more.
Possession of Valium, Ritalin, various chemical compounds Penalty Groups 3 and 4 include common prescription drugs, and could result in minimums of one year in jail and fines of about $4000.
Maximum sentences are given for amounts over 200 grams and are in the area of 20 years in prison and $10,000 in fines.
Controlled Substances Delivery & Manufacture (Drug) Laws in Texas
The punishment for manufacture and delivery of controlled substances vary depending on the type of drug and the quantity involved in the offense.
Texas drug laws (The Texas Penal Code and Texas health and safety code) divides the offenses and punishment in four penalty groups, by drug classification.
Penalties for felony drug offenses include imprisonment of up to ninety-nine years in jail and fines of up to $250,000.00.
Drug Lawyer Cheryl E. Irvin sees these cases in Houston all the time.