Why A Drug Related Arrest Near A School Makes Charges Worse

Why A Drug Related Arrest Near A School Makes Charges Worse

Drug-Free Zones In Texas 

At Mark Diaz & Associates, we’ve defended countless individuals facing drug charges throughout Galveston and Houston, and one of the most common misunderstandings we encounter is how location affects the seriousness of a case. If you’re arrested for a drug offense in Texas, where you were at the time matters, especially if you were near a school or another area defined by law as a “drug-free zone.” Many people don’t realize that simply being within a certain distance of one of these zones can dramatically increase penalties. Prosecutors often push for harsher punishments when a case involves a drug-free zone. That’s why it’s critical to understand what this law means, how it’s applied, and how we fight it in court.

Texas law imposes enhanced penalties for drug offenses that occur in or near designated drug-free zones. These areas include schools, daycares, playgrounds, and youth centers. You don’t have to be inside the building or interacting with children to face enhanced charges. Just being within 1,000 feet of the premises of a school, youth center, or playground, or within 300 feet of a public swimming pool or video arcade facility, as defined by § 481.134, can trigger serious consequences. We’ve seen clients who were parked in their car, unaware of the nearby school, still charged with enhanced felonies. Texas takes these offenses seriously, and courts often assume people near schools have a greater risk of exposing children to illegal activity.

What Counts As A Drug-Free Zone Under Texas Law

The key statute that defines drug-free zones in Texas is Texas Health and Safety Code § 481.134. Under this law, a drug offense committed in a drug-free zone leads to a mandatory enhancement of the charge. This includes manufacturing, delivery, or possession with intent to deliver controlled substances. Simple possession is generally not subject to drug-free zone enhancements under § 481.134.

Here’s how the law defines a drug-free zone:

• Within 1,000 feet of the premises of a school, youth center, or playground
• Within 300 feet of a public swimming pool, video arcade, or college campus
• On or near a school bus

It doesn’t matter whether you knew you were in a drug-free zone. Texas courts do not require proof that you were aware of the zone or that children were present. The law is strict, and prosecutors often rely on location data alone to enhance the charge. We frequently challenge whether the location meets the definition in the statute, especially if it’s poorly marked or outdated.

How Drug-Free Zone Enhancements Affect Sentencing

One of the most serious impacts of a drug-free zone enhancement is how it changes the classification and punishment range of a drug charge. Even a lower-level drug offense can become a much more serious felony under § 481.134.

Here’s what the law does:

• A state jail felony becomes a third-degree felony
• A third-degree felony becomes a second-degree felony
• A second-degree felony becomes a first-degree felony

Each step up increases the potential prison time. For example, a second-degree felony normally carries 2 to 20 years in prison. But if the offense occurred in a drug-free zone, it could be bumped up to a first-degree felony, which carries 5 to 99 years or life in prison.

Another major issue is that § 481.134(h) requires that any sentence for a drug-free zone offense (punishable under Sections 481.112, 481.113, or 481.114) must run consecutively to any other sentence, unless the court finds a reason to run them concurrently. This means that if someone is already serving a sentence or convicted of multiple counts, the punishment stacks up.

No Early Release Or Parole Until Half The Sentence Is Served

Under § 481.134(h), offenders must serve at least five years or half of their sentence, whichever is greater, before becoming eligible for parole, if they were sentenced under Sections 481.112-.114 where the offense occurred in a zone. This is not true for most nonviolent drug offenses in Texas. Drug-free zone enhancements eliminate the opportunity for early release, which can drastically affect how long someone actually spends in prison.

We aggressively fight these enhancements because they limit judicial discretion and increase the hardship on our clients. Prosecutors often use the drug-free zone law as leverage during plea negotiations, hoping defendants will accept a deal to avoid the risk of a higher sentence at trial.

How We Defend Against Drug-Free Zone Charges

At Mark Diaz & Associates, we look closely at the facts of every case to challenge whether the drug-free zone enhancement applies. Just because the police or prosecution claim an offense happened near a school doesn’t mean the enhancement is valid.

Some of the ways we challenge these charges include:

• Verifying the distance – Prosecutors must prove the drug offense occurred within the specific boundaries listed in the statute. We work with investigators and mapping professionals to check those measurements.
• Questioning the zone’s status – The area must meet the legal definition at the time of the offense. If a building stopped operating as a school or daycare, it may not qualify.
• Challenging the timing – Some zones only apply during certain hours or school activities. If school was not in session or the area was not in active use, that may matter.
• Fighting for judicial discretion – Even if the enhancement applies, we ask the judge to consider unique factors in the case and push for reduced or concurrent sentencing.

We build each defense based on the individual facts. Our team takes the time to gather records, photograph locations, and question assumptions that the prosecution relies on.

Why You Need A Defense Lawyer Familiar With Texas Drug-Free Zone Laws

If you’re facing a drug charge in Galveston or Houston, and the words “drug-free zone” appear in your case, you’re up against more than just a typical drug offense. You’re facing enhancements that can dramatically change your future. We’ve handled these cases before and know the tactics prosecutors use to secure convictions. It’s our job to protect your rights, scrutinize every piece of evidence, and argue for the best possible outcome in court.

We don’t let the state use the drug-free zone law as an automatic hammer to increase penalties. Every case deserves careful attention, and that’s exactly what we deliver for our clients.

FAQ’s About Drug-Free Zones In Texas

How Does Texas Define A Drug-Free Zone?

Under Texas Health and Safety Code § 481.134, a drug-free zone includes areas within 1,000 feet of schools, youth centers, and playgrounds, and 300 feet of swimming pools or arcades. It also includes places like school buses or daycare centers. The law does not require that children be present or that the person charged knew they were in the zone.

Do I Have To Be Inside The School For The Law To Apply?

No. Just being within 1,000 feet of the school property is enough. For example, someone arrested on a street corner near a school, even during off-hours, can face enhanced penalties. The law is based on distance, not visibility or activity inside the building.

Can I Still Get Probation For A Drug-Free Zone Offense?

It depends on the charge, your criminal history, and how the case is handled. While probation is still possible, the enhancement can make it harder to obtain. Courts are less likely to grant probation in these cases, especially when the prosecution pushes for a prison sentence due to the protected area.

What If I Didn’t Know I Was Near A School?

Unfortunately, lack of knowledge is not a defense under Texas law. Courts do not require the defendant to know the location qualified as a drug-free zone. However, we can argue that the enhancement should not apply if the location does not meet the statute’s requirements or if there are flaws in the prosecution’s case.

Can The Enhancement Be Removed?

Yes, but it requires legal work. We can sometimes show that the location does not qualify, or we may negotiate with the prosecution to waive the enhancement as part of a plea deal. In other cases, we may fight the charge in trial and ask the jury to reject the enhancement.

Does The Drug-Free Zone Law Apply At Night Or On Weekends?

Yes. The law applies at all times, not just during school hours. This is one of the most aggressive parts of the law, people arrested at night or on holidays can still face enhanced charges based solely on location.

Can My Sentence Be Shortened If I’m Convicted?

Some drug-free zone convictions limit early release. Under § 481.134(h), you must serve at least five years or half your sentence before becoming eligible for parole if you are sentenced for manufacture/delivery (481.112-481.114) where the offense occurred in a zone. We often work to avoid that outcome by getting the enhancement removed or negotiating reduced charges.

How Do Prosecutors Prove I Was In A Drug-Free Zone?

They typically use maps, measurements, and sometimes expert testimony to establish the location. We challenge this evidence by checking accuracy, reviewing public records, and inspecting whether the zone was valid at the time of the arrest.

Are All Drug Crimes Treated The Same In Drug-Free Zones?

No. The penalties vary depending on the type and amount of drug involved. However, the enhancement increases the classification by one level. For example, a third-degree felony becomes a second-degree felony if it occurred in a drug-free zone.

Should I Accept A Plea Deal If Charged In A Drug-Free Zone?

Not before speaking to a defense attorney. Prosecutors often use the drug-free zone law to pressure defendants into bad deals. We always recommend reviewing all the evidence and letting an attorney analyze whether the enhancement is valid. Sometimes, better outcomes are available with the right defense strategy.

Call Mark Diaz & Associates For Drug-Free Zone Defense In Galveston And Houston

Drug-free zone charges can drastically increase the penalties you’re facing, even for small amounts of drugs. At Mark Diaz & Associates, we know how to challenge these enhancements and protect your freedom. Our team defends individuals facing drug charges in Galveston and all across Houston. If you’ve been accused of a drug offense near a school, daycare, or public park, your next move matters.

Contact our Galveston criminal law attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We’ll review your case, explain your legal options, and fight to protect your future.