If your child has been arrested and fentanyl is involved, it’s natural to feel overwhelmed and fearful. Fentanyl-related charges are taken very seriously in Texas, as the drug is highly potent and linked to significant public health risks.
A conviction for charges involving fentanyl can lead to severe consequences, including lengthy periods of incarceration (especially if your child is an adult) and hefty fines. As a result, acting quickly to protect your child’s rights and to build a defense is important. You may be tempted to compel your child to “learn the hard way” from their mistakes. However, when it comes to young people and fentanyl, tough love is rarely the best approach. There is simply far too much at stake to risk that your child won’t learn from their experiences fast enough to avoid potentially life-altering (and maybe even life-ending) consequences.
Responding to the situation as effectively as possible
In Texas, fentanyl is classified as a controlled substance under Penalty Group 1, which includes the most dangerous drugs. Conviction for possession, distribution or manufacturing of fentanyl can result in some of the harshest penalties in the state. The specific charges your child may be facing are generally dependent on the amount of fentanyl involved, the circumstances surrounding their arrest and any prior criminal record they may be affected by. Common charges that young people face involving fentanyl include:
- Possession: Possessing less than one gram of fentanyl is considered a state jail felony, punishable by up to two years in a state jail and a fine of up to $10,000. Possessing larger amounts can lead to second-degree, first-degree or even enhanced first-degree felony charges, which can mean decades in prison for those prosecuted as adults.
- Possession with intent to distribute: If law enforcement believes your child intended to sell or distribute fentanyl, they may face more severe penalties. Indicators such as packaging materials, scales or cash found with the drug could lead to additional charges of intent to distribute.
- Drug trafficking: Drug trafficking charges carry the harshest penalties and are prosecuted aggressively, often with both state and federal involvement. If your child is accused of trafficking fentanyl, they could be facing a first-degree felony with penalties of up to life in prison.
The stakes of your child’s situation are so high, that you’ll want to seek personalized legal guidance immediately. Even if your child can’t win their case outright, your child may be able to take advantage of alternative sentencing options, especially if they are a young, first-time alleged offender.