San Antonio Drug Crimes Lawyer Mounts an Aggressive Defense

Tenacious Texas lawyer fights possession, distribution and other drug charges

Given that Texas is a major port of entry for illegal drugs from south of the border, Texas authorities are extremely zealous about prosecuting drug crimes. If you are arrested for a drug crime in Central Texas, you must invoke your rights and immediately contact an attorney. But don’t trust your future to just any lawyer. In San Antonio, Tylden Shaeffer, Attorney at Law, P.C. is a board-certified criminal law specialist with more than 30 years of experience in state and federal court. I have worked as a prosecutor, so I know what goes into preparing a case against a drug crime defendant. I am prepared to aggressively challenge the elements of the case against you and fight for the best possible resolution.

Proven advocate handles a range of drug offenses

A drug crime generally refers to any offense that involves controlled substances. These may include illegal street drugs such as heroin, cocaine, methamphetamine or marijuana as well as prescription drugs such as Xanax or Vicodin. Specific criminal offenses related to drug crimes that I handle in San Antonio include:

• Drug possession — Simple possession involves small amounts of a drug presumed to be for personal use.
• Possession with intent to sell — Slightly larger volumes of drugs carry the presumption that the person in possession intended to sell the product to someone else.
• Drug distribution and trafficking — When large quantities of a drug are found, authorities charge trafficking, a serious felony with lengthy prison sentences and hefty fines.
• Prescription drug fraud — Certain drugs with valid medical use are still illegal without a valid prescription. Faking a prescription to deal these drugs is a serious crime.
• Driving under the influence of drugs — DWI does not only refer to alcohol. A person under the influence of a drug, even a perfectly legal prescription, can be charged with DWI.

When the quantities of drugs are large enough, federal authorities including the DEA, FBI and U.S. Department of Justice generally exercise jurisdiction, and the case goes to federal court. Fortunately, I have extensive criminal defense experience in federal court and can ably represent you there.

Factors that determine drug crime penalties

Whether a drug offense is charged as a misdemeanor or a felony, and how severe the penalty might be, depend on a variety of factors, such as:

• The type of drug — Illicit drugs are listed on Schedules from I to V, with Schedule I drugs (heroin, fentanyl, methamphetamine) being the most strictly enforced.
• The amount of drug — Small amounts of drugs are charged as simple possession, but larger amounts can create a presumption of intent to sell, and great amounts trigger trafficking charges.
• Whether minors were involved — Drug sales to minors trigger penalty enhancements.
• Where the offense occurred — Places like public parks and schools are protected zones, so drug crimes committed there receive enhanced treatment.
• Whether violence or other crimes were involved — Violence or the use of a deadly weapon in a drug crime will bring enhanced penalties.

Prosecutors always look for circumstances that allow them to overcharge an offense, because this gives them leverage to compel a plea to a lesser charge. When I represent you, I can explain these and other tactics and counsel you against taking actions against your own interest.

Drug Conspiracy charges

One should take extra care in choosing a defense attorney when facing federal drug conspiracy charges. U.S. Attorneys rely heavily on conspiracy charges in drug cases. They do this because it gives them many advantages in court. They are able to rely on the testimony of fellow conspirators who are cooperating with the Government and it allows them to bring a wider range of evidence against you–even if you didn’t directly participate in such activities. Choose an attorney with the knowledge and experience to help you when facing federal drug conspiracy charges.

Defenses available to drug charges in San Antonio

Physical evidence (drugs, drug paraphernalia, scales, packaging, fingerprints, DNA, etc.) plays a major role in any drug crime case. However, authorities cannot obtain such evidence through an illegal search and seizure. I challenge police tactics to get drug evidence excluded whenever possible. In cases of possession, the authorities must also prove you had “knowing” possession. This means you knew where the drugs were, and you exercised control over them. If the drugs were in your car or apartment without your knowledge, and someone else exercised control over them, I will fight the charge you face.

Contact a determined criminal defense attorney for drug charges in San Antonio

A drug crime conviction can bring severe and lasting consequences. Tylden Shaeffer, Attorney at Law, P.C. has the skill and experience to defend your rights and pursue the best possible outcome in your case. To schedule a free consultation, call (210) 227-1500 or contact my San Antonio office online today.