What are Drug Crimes in Plano, Texas?

Drug crimes in Plano, Texas, constitute the illegal possession, use, sale, cultivation, production, and ownership of paraphernalia for substances that have been classified as having a high potential for abuse under state laws. A few examples of these controlled substances are marijuana, ecstasy, cocaine, heroin, and methamphetamine. The following offenses are considered drug crimes in Plano, Texas: 

• Drug Possession. This offense is considered to be the most common drug offense in Plano and throughout Texas. A person is charged with this offense when an illicit drug is found on them or in their care.
• Possession with the intent to distribute is charged when a person is found in possession of drugs with the intent to sell or distribute them to other individuals. Simple possession charges can be elevated to charges of intent to distribute when drugs are discovered with large sums of money or when the accused is found to be in possession of paraphernalia such as a scale or baggies. Previous convictions or crimes may also make a simple possession charge into possession with the intent to sell.
• Possession of drug paraphernalia. In Plano, it is unlawful to own drug paraphernalia. Equipment, tools, products, and accessories that are intended or modified to manufacture, consume, or conceal controlled substances are referred to as drug paraphernalia. Needles, rolling papers, grinders, scales, and other similar items fall into this category.
• Drug manufacturing. This offense is charged when a person is involved in any step of an illicit drug production process. Depending on the type of controlled drug, how it was cultivated, the quantity, and the defendant's prior criminal history, a conviction for producing or manufacturing any controlled drug can result in a sentence ranging from 180 days to life in prison.
• Drug trafficking. A person is charged with drug trafficking if they knowingly transport, manufacture, deliver, or illegally import unlawful controlled substances with the intent to distribute.

Plano's drug crimes go beyond drug-specific offenses such as drug possession and manufacturing. Typically, illegal drug use can be linked to criminal behavior because of illicit drugs' effects on the user's behavior and thought processes. Drug users commit crimes to pay for their drugs, and many criminals also commit crimes while under the influence of drugs. As a result, in Plano, drug crimes may extend to traditional violent and property crimes committed by drug users or traffickers.

It should be noted that the federal government has different laws and strategies for combating the use, abuse, and distribution of controlled substances. Consequently, an individual in Plano may face criminal charges for drug offenses on the state or federal levels. Regardless of the charge, a conviction for either type of drug crime carries severe consequences. Individuals facing these charges are strongly advised to retain legal counsel to avoid conviction.

What are the Penalties for Drug Crimes in Plano, Texas?

Texas has consistently enforced harsh penalties for drug-related offenses due to the state's high prevalence of drug-related crimes. Offenders may face probation, lengthy imprisonment, costly fines, mandatory drug counseling programs, and a permanent criminal record. 

Drug offenses in Plano can be prosecuted as misdemeanors or felonies, depending on the following factors:

• The drug type and classification.
• The quantity and weight of the drugs 
• What the accused intended to do with the drug (manufacture, trade, or use)
• The location of the crime
• If a child was involved.
• Past convictions
• Other aggravating factors such as death or serious bodily injury.

When determining the penalty for a drug possession conviction, the weight, and type of drug are taken into account. According to the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, controlled dangerous substances are classified into penalty groups. The most dangerous and highly addictive drugs with no recognized medical value are included in Penalty Group 1. Penalty Groups 1-A, 2 3, and 4 are less dangerous and have more medical applications. 

• Penalty Group 1

Drugs in this category are subject to Texas's most stringent regulatory supervision. Primarily, this category includes substances that are considered to be the most dangerous and addictive. Ketamine, cocaine, and opioids are examples.

• Penalty Group 1A 

This group includes lysergic acid diethylamide (LSD). The penalties for crimes involving this group are determined by the number of "abuse units" (dosage units) involved in the crime.

• Penalty Group 2  

The classification includes some of the most commonly used hallucinogenic drugs, such as ecstasy (MDMA), psychedelic mushrooms, amphetamines, psilocybin, certain stimulant or depressant compounds, and synthetic cannabinoids.

• Penalty Group 3 

Many controlled substances in this category have a depressive or stimulant effect. Benzodiazepines, anabolic steroids, valium, methylphenidate (Ritalin), and Xanax are examples.

• Penalty Group 4 

This category includes a diverse range of controlled prescription medications that can be abused. Examples are opioid derivatives and compounds containing trace amounts of narcotics but containing non-narcotic active medicinal ingredients.

• Marijuana Group 

Marijuana is in a separate drug category with its penalties. The group includes marijuana (cannabis) and synthetic marijuana or ppl cannabinoids (K2 and Spice).

Additionally, the Plano Police Department announced in 2019 that there would be no custodial arrests for Class B Marijuana Possession (possession of 2 ounces or less) unless the individual is also suspected of committing a firearm-related crime. Instead, officers now issue citations for possession of drug paraphernalia, a Class C misdemeanor.  A Class C misdemeanor carries a maximum fine of $500 and no jail time.

In addition to these penalties, it is essential to note that drug charges can have consequences outside of the criminal justice system. Even after serving a criminal sentence, paying fines, and complying with other court-imposed requirements, an offender is likely to face additional difficulties such as:

• Loss of voting rights because convicted felons cannot vote
• Suspension of driving privileges
• Challenges in obtaining car loans, student loans, or mortgage
• Challenges in pursuing specific jobs or professions
• Possible termination of parental relationship with children
• Difficulties in finding accommodation, etc.

What Percentage of Crimes are Drug-Related in Plano, Texas

Plano, Texas, like the rest of the state, is plagued by drug crime and addiction issues, particularly with meth, alcohol, and opioids (heroin). Despite having a low overall crime rate, Plano was once at the forefront of the news due to its history of heroin crises. Multiple heroin epidemics engulfed the city between 1995 and 1999, resulting in 15 deaths as a result of heroin abuse and an increase in reports of drug-related property crimes involving drug users.

Regardless, opiate/heroin addiction continues to afflict Plano, even as the drug continues to grow in popularity across the United States. The controlled substance influences user behavior and contributes to an increase in drug-related crimes. There were 4,908 property crimes and 431 violent crimes reported in 2019.

How Many Prisoners are in Jail for Drug-Related Crimes in Plano, Texas?

Texas has one of the nation's highest prison populations, with drug offenses accounting for the majority. The harsh penalties for drug crimes, which includes lengthy incarceration, were intended to deter people from engaging in drug-related criminal activity. Although this logic holds true in theory, but not in practice because Texas prisons are overcrowded.

However, the narrative is shifting, and the state is developing alternatives to incarceration for drug abuse and addiction. Addiction treatment programs and facilities are now widely regarded as the better option. As a result, Texas passed H.B. 1287 in 2001, requiring counties with over 55,000 people to establish drug courts as a means of reducing the prison population and diverting non-violent offenders into treatment programs rather than prisons. 

Hence, Collin County, which includes Plano, implemented a drug court program intended to identify and treat the underlying cause of drug offenses while also encouraging good behavior to reduce repeat offenses. According to the Texas Department of Criminal Justice, these strategies have led to a steady reduction in the number of offenders in the prison system from more than 156,000 in 2011 to 140,533 in 2020.

Plano, Texas Drug Crime Lawyer

A drug crimes lawyer is an attorney trained and equipped to assist defendants in protecting their rights and preserving their freedom. The experienced attorney can help defendants determine the type of case and if the charges can be dropped or reduced. The drug crime attorney may be able to assist the defendant by:

• Thoroughly investigating the case to uncover exculpatory evidence that will prove the defendant's innocence
• Attempting to reach an agreement with the prosecution to obtain a dismissal, reduction of charges, or a plea bargain
• Looking for inconsistencies in the prosecution's case against the accused and exploiting them
• Defending the accused in court.

Furthermore, without adequate legal representation, a defendant may be unable to exercise certain liberties. For example, defendants must be represented by an attorney to be considered for the Collin County Pre-trial Diversion Program. Collin County has a pre-trial diversion program run by the city's District Attorney's Office. Nonviolent first-time felony offenders who qualify, enter, and complete this program typically have their underlying charges dismissed and, in some cases, expunged. 

The District Attorney's Office will not accept anyone into this program unless they are represented by an attorney. This is because acceptance into the program necessitates knowledge of certain legal rights. Since the State cannot provide legal advice, legal representation is required.
Overall, choosing a drug crime attorney is a task that must be executed with extreme caution. The lawyer must have sufficient experience to act as an advocate who is well-versed in the criminal justice system's intricacies.

How to Beat Drug Crime Charges in Plano, Texas

Depending on the circumstances surrounding an offense, a drug crimes attorney may employ various legal and acceptable defense strategies to help beat drug crimes charges. Some of these defenses may include:

• Entrapment defense:

This defense alleges that law enforcement officers coerced the accused into committing the alleged crime. A skilled attorney can use this defense to show that the accused was influenced by threats, intrusion, or undue influence.

• Violation of fourth amendment rights defense

The Fourth Amendment protects people from unlawful searches and seizures. Before conducting a search and seizure, law enforcement must have the accused's consent or probable cause. Without it, anything they obtain is inadmissible. As a result, if the search was illegal, the drugs found are usually excluded from evidence. Hence, if there is no other evidence against the accused, the court dismisses the charges.

• Approved prescription defense

It is possible to face charges for possessing a substance for which authorization has been granted. For example, a person may be detained for possessing medical marijuana without approval. However, suppose the individual has a valid cannabis prescription and a legal, medical card to prove that they are authorized to carry and use the drug. In that case, the charges may be dropped if the prescription is presented and approved in court.

• The Drugs are not real

Occasionally, an officer may erroneously believe that a substance is an illicit drug when it is not. In this case, the defense attorney can request that the substance be tested to see if it is a controlled substance. The charges will be dropped if the substance in question is not controlled and there is no other evidence against the defendant.