What are the Consequences of Repeat Drug Offenders in Houston?

Why You Should Fight Repeat Drug Charges in Houston

One conviction of a drug crime is enough to unsettle your life, but more than one can be detrimental. The consequences of repeat drug offenses are severe. And you will need an experienced, honest Houston drug attorney to help guide you through the process and fight for you. You want to prevent a conviction at all costs, and that means retaining an attorney who is prepared on day one to go to trial, where you stand the greatest chance of receiving an outcome in your favor. Anything else means you could suffer the below consequences.

Criminal Consequences for Repeat Drug Offenders in Texas

If you have been arrested for a drug crime and then subsequently convicted, your sentence will be dependent on:

1. The purpose you were in possession of the drug (e.g., personal use versus intent to sell);
2. The type of drug (e.g., marijuana versus methamphetamines versus heroin versus Ritalin);
3. How much of the drug you had in your possession (i.e., larger quantities per the statute indicate you may have intended to sell, which means a harsher penalty); and
4. Any sentence-enhancing factors present during the arrest (for instance, were you arrested near a school or were you selling to a minor).

For your first offense, if you have no prior record, and if there were no enhancing factors present, then if convicted you may qualify for probation or may be given a light sentence. Controlled substances are grouped according to penalty groups per the Texas Controlled Substances Act, and each penalty group has a range of punishment according to the classification of the crime.

For example, heroin belongs to penalty group 1, which represents drugs with no medical value and high addiction rates. Possession of less than 1 gram of heroin or other opioids is a state jail felony, while possession between 1-4 grams is a third-degree felony, and 4-200 grams is a second-degree felony. For a state jail felony, you are looking at up to 2 years in state jail and a fine of up to $10,000. Minus any enhancement or prior convictions, your sentence will swing to the lighter end of the scale, which means you could potentially serve very little time—if no time—behind bars. That changes, though, with each new conviction.

If you are convicted a second time for a drug crime, then with one prior on your record, you can expect the sentence to be harsher. The same goes for each subsequent arrest and conviction. Not only are sentences harsher, but it becomes progressively harder to defend you.

After two convictions, a third conviction means exceptionally more prison time than what is actually within the range of punishment for the specific crime. This is because you are now labeled a repeat offender. For example, if you have two state jail felonies on your record for possession of less than 4 grams of heroin, a third state jail felony for the same will be treated as a third-degree felony, meaning you risk spending substantially more time (up to 10 years as opposed to up to 2 years) in a state prison (as opposed to a state jail). The below chart identifies the classification of the drug crime, the normal range of punishment per the classification, and the difference enhanced sentencing makes if an offender has two drug crimes already on his or her record:

Collateral Consequences of Repeat Drug Offenses in Texas

Repeat drug offenders must worry about sentences that become progressively harsher with each conviction, because each conviction means his or her freedom is substantially at risk. But even when free from bars, there are significant collateral consequences attached to a repeat offender's criminal record.

By collateral consequences, we mean the negative effects a criminal record has on a person after he or she has paid his or her debt to society by going to jail, paying a fine, or otherwise completing his or her sentence. A criminal record or conviction of a crime can become relevant and detrimental to a person's:

• Ability to find a good job (e.g., like in the financial sector);
• Ability to keep or obtain a professional license (e.g., CPA, real estate, teaching, pilot, nurse, doctor);
• Ability to keep or obtain a security clearance;
• Ability to have child custody or visitation rights;
• Ability to travel freely;
• Ability to obtain housing in good areas;
• Ability to get or keep on-campus housing;
• Ability to get or keep financial aid, scholarships, grants, or another type of financial assistance for higher education; and/or, among other things,
• Ability to get loans for a mortgage or other purposes.

In some of the above cases, one conviction may not be enough to cause harm to your ability to keep your job. But it does become enough once you are labeled a repeat offender.

By being designated a repeat drug offender through subsequent convictions, a clear pattern related to drugs is established. This pattern is what will more than likely affect, for instance, your ability to acquire or keep a professional license or security clearance.

Further, if any of your charges resulted in a conviction of a felony drug crime, then as an ex-felon, you may have lost your constitutional right to vote or right to own and use a firearm. For some, these consequences can be worse than losing your freedom to a prison sentence.

Personal Consequences of Repeat Drug Offenders in Texas

Apart from jail, prison, fines, and collateral consequences imposed by society, there are real consequences to a person's physical, mental, and financial health. Being repeatedly arrested for a drug crime like possession may indicate that you have a substance abuse problem. There are programs through the court that attempt to address an offender's substance abuse, but these programs require you (1) to plead guilty, which adds to a crime to your criminal record; and (2) to submit to rigorous, strict terms and conditions and to pay fees, and failure to do any of it could mean jail or prison. Thus, a person is less focused on getting better and more focused on making sure he or she follows the rules and pays the fees.

For many, the best means to address a substance abuse issue is by fighting the charge and getting help on his or her own and with the support of family and friends. Fighting the charge allows you to get your day in court and appeal to the jury for the benefit of the doubt. Taking charge of your recovery also shows initiative and allows you to recover because it is your choice, not the court's.

Reasons You Should Fight Your Drug Charge in Houston, TX

Reasons you should fight a drug charge in Houston, Texas are clear:

1. It helps prevent a criminal record.
2. It helps prevent becoming labeled a repeat offender.
3. It helps you get your life back on track.

Through aggressive, strategic defense by one of Houston's most qualified and experienced drug crimes attorneys, you stand a fighting chance. There are defenses to drug crimes charges that may be applicable and effective in your case. Plus, a Board Certified criminal defense attorney like Doug Murphy holds the State, the judge, and the jury accountable to the principle that you are innocent until proven guilty beyond a reasonable doubt. That burden is defeatable under the right circumstances, with the right defense, and the right attorney.

Contact Our Harris County Drug Charges Attorney for Repeat Offenses

Contact Murphy & McKinney Law Firm, P.C. today or call 713-229-8333 to discuss the circumstances of your case, to understand better the consequences of the alleged crime, and to get started on your defense.