Drug + Drug Trafficking Offenses
Drug or drug trafficking offenses include simple possession of a controlled substance, possession of a controlled substance with intent to distribute or deliver it, or delivery of a controlled substance.
The State of Texas generally prosecutes simple possession, but it varies from county to county when it comes to what cases are actually pursued. For example, in Harris County (Houston), the simple possession of a small quantity of marijuana is not currently a case pursued by prosecutors. Other counties file those cases routinely. It just depends on the individual district attorney’s policy judgment about the substance in question and the quantity of that substance. Possession of small amounts of any controlled substance other than marijuana will normally be prosecuted. The delivery of marijuana, even in a small quantity, is likely to be prosecuted.
The federal government prosecutes these offenses as well, but the agencies responsible for investigating them, like the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and others normally do not get involved unless a case involves a significant quantity of narcotics and/or a large network of people distributing them. Federal cases often involve the use of wire taps, “sting” operations, undercover agent operations, financial investigations, and other sophisticated methods.
Most every drug case involves some search or a seizure of property, and so the 4th Amendment to the United States Constitution limits what police or federal agents can do to search or to seize property. At a minimum, prosecutors have to show that a search or a seizure of property was reasonable under the circumstances, and if they cannot do so, the evidence against the defendant is no longer admissible at trial. The outcome is normally that the charges are dismissed.
Having been a federal prosecutor assigned to work on organized crime and narcotics cases, Mark White has had significant experience putting together complex federal drug trafficking cases and understands how to identify the places where the cases are weak. He has successfully defended drug trafficking offenses in state and federal court. He is a strong advocate for the 4th Amendment right to be free from unreasonable searches and seizures.
