How Is Drug Conspiracy Prosecuted in Texas?

 Posted on April 22, 2024 in Criminal Defense

Drug conspiracy charges often have severe consequences when convicted. A drug conspiracy occurs when two or more people agree to commit a drug-related offense, such as manufacturing, distributing, or possessing illegal substances. A person can be charged with drug conspiracy even if they did not actually commit the underlying drug offense. A Texas lawyer can help you sort out the details to see what potential your case has.

The Elements of Drug Conspiracy

Prosecutors in Texas must prove several elements to secure a conviction for drug conspiracy. First, there must be something that shows that an agreement exists between two or more individuals to engage in illegal drug activity. This agreement does not need to be formal or written; it can be a verbal agreement or even an implicit understanding between the parties involved.

Prosecutors must also show that the defendant knew of the agreement and intended to participate. This means that even if a person did not actively engage in drug-related activities, they could still be charged with conspiracy if they were aware of the agreement and intended to participate in it.

There will need to be proof that the defendant performed an overt act in furtherance of the agreement. An overt act is any action taken by a member of the conspiracy to advance the goals of the agreement, such as purchasing materials to manufacture drugs, renting a property to store or distribute drugs, or arranging meetings with potential buyers or suppliers.

Penalties for Drug Conspiracy

In Texas, the penalties for drug conspiracy are stringent and differ depending on the type and amount of drugs involved, the defendant’s criminal history, and specific case details. Drug conspiracy charges are typically felonies, which can result in lengthy prison sentences and significant fines.

For example, a felony drug conspiracy conviction can lead to 180 days to two years in state jail and a fine of up to $10,000. A first-degree felony conviction, on the other hand, can result in five to 99 years or life in prison and the same amount of a fine as the state jail.

Defending Against Drug Conspiracy Charges

If you are facing drug conspiracy charges, it is beneficial to seek the help of an attorney. Your attorney can help you understand the charges against you and develop a strong defense strategy. Some common defenses against drug conspiracy charges include arguing that you lacked knowledge or intent to participate in the conspiracy, claiming entrapment by law enforcement, or challenging the sufficiency of the evidence presented by the prosecution.

Contact a Plano, TX Criminal Defense Lawyer

Drug conspiracy charges are a serious matter that requires the expertise of a knowledgeable Collin County, TX criminal defense attorney. Call The Crowder Law Firm, P.C. at 214-544-0061 for a free consultation with a lawyer who will aggressively fight for your rights.