Distribution of a Controlled Substance

Question: What will happen if I’m arrested for selling drugs?

Answer:

In Texas, distribution of a controlled substance or possession with intent to distribute is an offense where what’s going to happen to the case depends a lot on if you’re in state or federal court. If you’re in federal court, then time is not to your benefit. In federal court, you want to make a decision quickly about what you’re going to do. The investigation has to happen quickly, and decisions have to be made, because the time you spend to fight the case in federal court, you’re going to be penalized for by the court for not taking responsibility. In state court, there’s no such penalty; you can take your time. You can try to interview as many witnesses as possible. You can do the investigation that’s needed. You can even drag the case out if it’s to your advantage. Also, the other issue in state court is, very often, you can get the prosecutor to drop the quantity of drugs possessed, because that will drop the offense level. You can also look to do a motion to suppress – if they stopped a vehicle, for instance, and found the drugs in a vehicle. Very often, that stop was done incorrectly or for an invalid reason. The fact that you’re charged doesn’t mean that you’ll be convicted of this offense.