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Drug Charges

If you have been accused of drug charges, including possessing or selling illegal drugs, you need an experienced attorney who knows how to handle your specific case. Scott Smith has successfully defended clients in both state and federal court, against misdemeanor and felony charges, and in relation to a variety of controlled substances. 

Our firm has lots of experience handling a wide range of drug offenses. Lawyer Scott C. Smith is a board certified Criminal Law Specialist with over twenty years of experience handling drug crimes from possession of a small amount of marijuana to federal conspiracy cases involving distribution of controlled substances. Based in Austin, defense lawyer Scott C. Smith has represented hundreds of clients charged with misdemeanor and felony drug charges in Travis, Williamson, and Hays counties as well as throughout Texas.

For a number of reasons, it is very important to procure legal representation as soon as possible when facing a drug charge or offense. In some cases it may be possible to suppress evidence that was illegally obtained in violation of the Texas and United States constitutions. In other cases, we can help clients get the best personalized and individual treatment as soon as possible.

In Texas, drug offenses are either filed in State or Federal courts. Simple possession offenses are almost always filed in the county where the offense allegedly occurred. Larger conspiracies to manufacture or sell drugs may be filed in one of the Texas Federal Courts depending on the facts of the case. Any accusation that an offense extended beyond state lines makes it subject to federal jurisdiction. There are a number of other factors that may also cause a case to be prosecuted in Federal courts rather than State courts.  In some situations, a case may begin in State court and then be moved to Federal court based on further investigation by law enforcement or prosecutors. An experienced drug attorney in Texas must be familiar with all possibilities in order to best protect your rights.

The type of drug being used, possessed, sold, or manufactured will determine the severity of the charge. In Texas state courts, drugs are classified according to the Texas Schedule of Controlled Substances. Drugs listed in Schedules 1 and 2 carry most severe penalties and those in 3 and 4 are less severe and usually filed as misdemeanors. The Texas Health and Safety Code Chapter 481 lists the offenses and corresponding punishments for most state drug offenses.

While every case is different, often drug cases involve issues relating to the legality of the search and seizure of the contraband and how the contraband is linked to the accused to prove that the person charged is responsible for possession of the substance. Defense attorney and Texas drug lawyer Scott C. Smith is experienced in litigating issues that involve complex analysis of the 4th Amendment of the United States Constitution, federal and state exclusionary rules, and other laws that govern how police may conduct searches and seizures.

Contact Austin Criminal Defense Attorney Scott C. Smith

For detailed, thorough, and aggressive defense of federal or state drug charges in Austin, Travis County, Williamson County, Hays County, and Texas, contact Scott C. Smith at 512-474-6484 or info@defenselawyer.net.