Aggressive Criminal
Defense

Serious Representation For An Array Of Drug Offenses

If you or a loved one has been charged with a drug offense, it is imperative that you hire a skilled and experienced attorney who will listen to you and advocate vigorously on your behalf.

At the McKinney, Texas, law office of Terri Daniel, Attorney at Law, PLLC, I am a hardworking drug offense lawyer who provides the best possible defense for clients accused of drug offenses. I have experience handling a broad range of matters. I defend clients accused of possession, manufacture, delivery or fraud related to a variety of drugs, including:

As A Former Prosecutor, I Know How To Approach Your Case

At Terri Daniel, Attorney at Law, PLLC, I know the law on drug offenses. I offer more than two decades of criminal law experience. I am board-certified in criminal law by the Texas Board of Legal Specialization. I am a former chief felony prosecutor who now practices criminal defense. I have done hundreds of trials and experienced a great deal of success.

When I take your case to trial, my prosecution experience gives me an advantage. I challenge absolutely every possible element of the prosecution’s case. I know when searches and seizures are invalid, and I fight hard to make sure that evidence doesn’t come in to be used against you. If an action can be taken to fight allegations of your drug offense, I will not hesitate to take it.

Common Questions About Drug Offenses

Drug charges can raise questions about your rights, possible penalties and what may happen next. The following answers address common concerns about drug offenses in Texas.

What are the penalties for drug possession in Texas?

Penalties for drug possession depend on the type of drug involved and the amount in possession. At the minimum, a minor drug possession charge of a less serious drug could result in up to 180 days in jail and/or a fine of up to $2,000. At the highest level, with the most strictly controlled drugs, penalties can include 10 to 99 years in prison and/or up to $100,000 in fines.

When can the police search my property?

The answer depends on the type of property involved. Generally, the police must have a warrant to search you or your property. If they stop your vehicle as part of a traffic stop, they can only search your vehicle if they have probable cause to believe a crime has occurred or that evidence of a crime is present. For example, they may claim they smell marijuana and use that as an excuse to search your car. If they ask to search your property, you can always say no.

What is the difference between possession and possession with intent to sell?

Prosecutors and law enforcement will try to charge you with the most serious crime they can. Possession charges are damaging, but a possession with intent to sell conviction carries far more serious consequences than a simple possession charge. They must show that you both possessed the drugs and had plans to sell them to others.

Are diversion programs available for first-time drug charges in Collin County?

Collin County may offer treatment or court programs for some people facing drug charges. A first offense alone does not guarantee that you will qualify. Eligibility can depend on the charge, your criminal history, the facts of the case and whether you meet the program’s rules. Some programs may require an evaluation, treatment, testing or close court supervision. They may expect you to complete each condition before the court considers the case resolved. Because these programs serve specific cases, one person may qualify while another person with a similar charge may not. Your willingness to follow treatment requirements may also matter in some programs. If diversion could apply, compare your case with the program’s current eligibility requirements before deciding what steps to take.

Does Texas treat marijuana differently from other controlled substances?

Yes. Texas law treats marijuana differently from many other controlled substances. Marijuana charges often depend on the amount involved, while drugs such as cocaine, methamphetamine and heroin fall into separate penalty groups. Those groups use different weight ranges and punishment levels. As a result, two possession cases can lead to very different charges even when the amounts appear similar. The type of substance, its weight and the facts surrounding the arrest can affect the case. Marijuana also has separate rules that do not apply in the same way to every controlled substance. For example, the law may classify another drug according to its penalty group rather than treating it under the marijuana provisions. These differences can affect the charge, possible penalties and the defenses that may apply.

Can you bring marijuana into Texas if you bought it legally in another state?

No. Buying marijuana legally in another state does not make it legal to possess in Texas. Once you enter Texas, Texas law controls what you may possess. That rule still applies when another state allows the purchase for recreational or medical use. Texas has its own medical cannabis program with specific rules for qualifying patients and approved products. An out-of-state medical marijuana card or prescription does not give you the same legal protection under Texas law. This can create problems for travelers who assume that a lawful purchase remains lawful after crossing state lines. Because of that difference, a lawful purchase elsewhere may still lead to a possession charge after you cross into Texas. The amount involved, the type of cannabis product and the facts of the stop can affect what happens next.

Start Your Defense With A Free Consultation

To schedule a free consultation with me, a methamphetamine possession attorney in Collin County, Texas, contact Terri Daniel, Attorney at Law, PLLC, online or by calling 469-845-9951. I accept all major credit cards, like Visa, Mastercard and Discover.