Collin County Opioid Possession Attorneys
Opioids, which include drugs such as oxycodone, hydrocodone, codeine, morphine, heroin, and fentanyl, among others, are highly addictive. Unfortunately, many of the drugs in this class of drugs have been given over a long period of time to Americans as legal pain medication prescriptions, creating an addiction epidemic.
However, in the last few years, the national health crisis of addiction to these pain killers has prompted action to limit or stop the use of synthetic opioids such as oxycodone, hydrocodone, and codeine for pain management.
However, because opioids are so addictive, many people have turned to illegal – and, in some cases, extremely dangerous – opioids instead. Because of their highly addictive nature, opioids can have devastating effects on users, their families, and entire communities. Under Texas law, non-prescription opioid possession of any amount is illegal with penalties ranging from 180 days to life imprisonment depending on the quantity.
Because Texas has notoriously strict drug laws, an opioid drug crime can have long-lasting consequences beyond fines and jail time, including affecting future employment and your ability to drive.
However, being charged with an opioid drug offense does not necessarily mean you are going to prison. Many factors, from how much of the drug you possessed to previous drug charges against you, can affect the penalties associated with an opioid drug charge. With the help of an experienced opioid possession lawyer, you may even be able to get your charges dropped.
You need to contact a law firm that has a demonstrated history of defending opioid possession offenses as we do at Rosenthal Barbieri. We have a large, award-winning team of attorneys who are ready to fight for the best legal outcome possible in your case. Our attorneys have practical trial experience with opioid possession charges and know how to successfully defend our clients. Call us now at (972) 369-0577 for a free and confidential consultation about your opioid drug charges.
Why You Need a Lawyer
Drug offenses in Texas are very serious because of the state’s severe penalties for convictions of them. Even if it is your first offense, possessing less than a gram of a non-prescription opiate, which is a type of opioid, can lead to years of jail time and fines as high as $10,000.
But just because Texas goes hard after drug offenders doesn’t mean that you are doomed to go to prison for an opioid possession charge. There are ways to defend an opioid possession charge so that you can completely avoid or reduce jail time. That’s why it’s important to work with an experienced opioid possession attorney who has defended clients in similar situations and has an expert understanding of Texas drug laws.
For example, a good understanding of search, seizure, and probable cause are often key components in an effective opioid possession defense. That’s because if a lawyer can prove that a law enforcement official illegally obtained their evidence through an unlawful search, then the prosecution can no longer use this evidence against you. It might never occur to someone unfamiliar with the law to make this case, whereas our lawyers at Rosenthal Barbieri have a track record of using such arguments to successfully defend our clients.
It’s also important to talk to a lawyer as soon as possible since a lawyer can help you avoid self-incrimination. If, for example, a law enforcement official asks you for more information regarding your case, you may give away information that the prosecution can then use against you. An experienced lawyer can help you avoid such a situation.
Why Choose Us?
At Rosenthal Barbieri, we are known for our results-based approach to criminal defense, especially when it comes to opioid possession defense cases. That’s why it shouldn’t come as a surprise that we have an award-winning, exceedingly well-educated legal team. Our criminal defense firm is also the largest firm in Collin County with eight attorneys who have a variety of legal defense backgrounds.
With our top-quality legal team, you can trust Rosenthal Barbieri to get the best outcome possible for your opioid possession case. Whether that means getting a reduced sentence, a more favorable plea deal, a not-guilty verdict, or even completely avoiding a trial, our lawyers will fight for your rights. Do not wait. Contact us today at (972) 369-0577 for a free consultation about your opioid possession case.
Types of Opioid Possession Cases We Handle
There are different charges associated with opioid drugs. These include, but are not limited to:
- The amount of the drug discovered by law enforcement
- Where the drug was discovered
- Whether there was related drug paraphernalia (e.g. a scale)
- Whether you have previous drug offenses
Here are a few of the opioid possession cases we handle:
- Possession charges between less than one gram to over 400 grams
- Possession with intent to distribute
- Manufacture or delivery
- Manufacture in the presence of a child
- Driving under the influence
- Charges related to opium derivatives
While the prospect of imprisonment and high fines may be overwhelming, it’s important to understand that a knowledgeable opioid possession lawyer can drastically improve your chances of receiving a not-guilty verdict or, at the very least, reducing your sentence. Before incriminating yourself further, contact an opioid possession lawyer today at (972) 369-0577.
Common Opioid Possession Defenses
The criminal defense lawyers at Rosenthal Barbieri hit cases head-on. That means building a strong and compelling case for our client’s defense from the moment we first meet. Just because Texas drug laws are very uncompromising toward opioid possession charges, that does not mean there aren’t legal strategies we can use to win your case. Some of the most common defenses include the following:
- Illegal search and seizure: Thanks to the Fourth Amendment to the Constitution, Americans are protected from unlawful search and seizure. This means that a law enforcement official cannot simply search you or your belongings for no reason. And in the event that a law enforcement official does unlawfully search you and obtain evidence, this evidence is not admissible in court since it was obtained illegally. In other words, we may be able to get your charges dismissed if the police unlawfully searched you for opioids.
- Entrapment: If a law enforcement official persuades and coerces you into holding or transporting drugs, this may be a case of entrapment. For example, if an undercover officer asks you repeatedly to transport a package full of opioids to someone else, you have been entrapped. In the event that you were entrapped, you are not criminally liable and are, therefore, not guilty.
- Proving possession: Drug possession cases are not always cut and dry. For example, in cases where the police do not find the drugs actually on your person, but instead in your car, house, or any other place you have access to, this is called constructive possession.
In these cases, the prosecution has to prove that you knew where the drugs were, knew that they were illegal and that you had control over the area where the drugs were found. But in the case that these were your roommate’s drugs, for example, we may be able to argue that you did not have constructive possession and are thus innocent.
- Lab tests: The prosecution has to prove that what law enforcement initially suspected to be an illicit substance indeed is an illicit substance. In order to prove this, they must send evidence to the lab for testing. Sometimes the results come back negative in which case the prosecution no longer has a case against you.
- Valid prescriptions: Since opioid drugs like oxycodone are often prescribed by doctors, you may have a legal prescription for what is an otherwise illegal drug. This defense does not work, however, if you are using someone else’s prescription.
Whether you are allegedly caught with opioids in your jacket pocket, in your car, or in your home, all is not lost. We assure you that there are always ways in which we can defend your case. What is most important is that you work with an attorney who has experience with opioid-related drug crimes. Contact us at Rosenthal Barbieri today for a free consultation to discuss your options.
We know how devastating and overwhelming being accused of an opioid-related offense can be. However, it’s important to know that you are not alone and that you can receive experienced and fair legal representation.
With eight skilled attorneys who will fight for our clients regardless of what the drug offense case entails, Rosenthal Barbieri is a premier criminal defense firm ready to come to your aid. All it takes is a quick phone call at (972) 369-0577 today to schedule a free consultation.