Texas severely punishes those individuals convicted of manufacture of a controlled substance.
Prosecutors and law enforcement agencies commit substantial resources to the investigation,
arrest and prosecution of people engaged in the making or delivery of drugs. Undercover
operations, informants and search warrants are some of the tactics used to gather
evidence for a manufacture of a controlled substance prosecution.
Protecting your rights when you are accused of manufacture of a controlled substance
demands the skills, knowledge and experience of a Houston criminal defense
attorney. You should contact a drug charges lawyer as soon as you become aware
that law enforcement has targeted you as the subject of a drug investigation.
Unlike some other states that have separate laws prohibiting the manufacture and delivery
of a controlled substance, Texas combines manufacture and delivery into a single charge
of manufacture or delivery of a controlled substance in section 481 of the Texas Health
and Safety Code. The law makes it a crime to knowingly manufacture, deliver or
possess a controlled substance.
The law creates five categories, known as penalty groups, of controlled substances in Texas. One of the most common controlled substances is cocaine. Cocaine is in penalty group I. The severity of the offense and the extent of the penalties imposed at sentencing depend upon the quantity of drugs and the penalty group.
Sentences for penalty group 1 violations depend upon the aggregate weight of the controlled substance. Examples of the different sentences and the weights involved in each include:
Most drug prosecutions rely upon the testimony of informants and searches and
seizures of evidence. Houston drug possession lawyer Rand Mintzer knows that
a successful defense strategy might include attacking the reliability of the
informant and challenging the legality of the search and seizure.
Attacking the prosecution’s evidence might not succeed in winning a
dismissal of the charges, but weakening the case against the accused
could force the prosecution to agree to a reduction of the charges or a
reduction of the sentence.