What To Do If You’re Arrested For Drug Trafficking In Texas

What To Do If You’re Arrested For Drug Trafficking In Texas

Getting arrested for drug trafficking in Texas is one of the most serious criminal charges you can face. The stakes are high, the penalties are severe, and prosecutors are relentless. We know because we’ve been on the front lines defending people accused of these crimes in Galveston and Houston. When law enforcement comes after you with a trafficking charge, their goal is to put you away for decades. Our goal is to dismantle their case, protect your rights, and position you for the strongest possible outcome.

Under Texas Health and Safety Code § 481.112, drug trafficking—defined as knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance—is a felony offense. The severity depends on the type and quantity of the drug. For example:

• Less than one gram of a Penalty Group 1 drug can bring a state jail felony.
• 400 grams or more of a Penalty Group 1 drug can trigger enhanced penalties, including life imprisonment and fines up to $250,000. For other penalty groups, the maximum fine is generally $100,000.

When you’re facing numbers like that, every move matters. From the moment of arrest, how you act and who you call will set the tone for your defense.

Understanding The Charge

Drug trafficking is not simple possession. Prosecutors don’t need to catch you selling drugs on a street corner. If you’re stopped with a large amount of narcotics, baggies, scales, or cash, they will argue you intended to deliver. Under Texas Health and Safety Code § 481.002(8), “deliver” includes actual transfer, constructive transfer, or even an offer to sell. That means you could be accused of trafficking without a completed sale.

We know how prosecutors think. They will use every scrap of circumstantial evidence to build their case. Our job is to attack those assumptions, expose weaknesses, and show that possession does not equal trafficking.

What To Do Immediately After An Arrest

The first step is simple: stay silent and call us immediately. Do not explain yourself to the police. Do not try to “clear things up.” Anything you say becomes evidence. Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent, and you must use it.

Next, you need legal counsel that understands Texas drug laws and federal law. Drug trafficking cases often involve joint investigations with the DEA, FBI, or DHS. That means you could be facing both state and federal charges.

Under 21 U.S.C. § 841, federal drug trafficking carries mandatory minimum sentences – typically 5 years for certain threshold amounts (like 500 grams of cocaine or 100 grams of heroin) and 10 years for larger quantities (such as 5 kilograms of cocaine or 1 kilogram of heroin).

Without a defense strategy that accounts for both systems, you risk being crushed by the weight of overlapping prosecutions.

How Prosecutors Build Their Case

Prosecutors rely on:

• Quantity of drugs – Large amounts suggest intent to deliver.
• Tools of the trade – Scales, packaging, or ledgers used as circumstantial proof.
• Cell phone evidence – Texts or calls that prosecutors claim show distribution.
• Cash seizures – Money found near drugs is used to imply sales.
• Statements – Anything you say before calling us is ammunition for the State.

We counter these tactics by challenging the search and seizure, questioning the reliability of lab results, scrutinizing the chain of custody, and moving to suppress illegally obtained evidence. Under the Fourth Amendment and Texas Code of Criminal Procedure Art. 38.23, evidence obtained in violation of your constitutional or statutory rights must be suppressed and cannot be used against you in court.

Potential Penalties

Texas law takes drug trafficking seriously. Penalties include:

• State jail felony – 180 days to 2 years for small amounts of Penalty Group 1 drugs.
• First-degree felony – 5 to 99 years, plus up to $10,000 in fines.
• Enhanced penalties – For 400 grams or more of a Penalty Group 1 substance, punishment can include life in prison and fines up to $250,000. For other penalty groups, maximum fines are generally capped at $100,000 unless enhanced by additional factors such as drug-free zones.

On the federal side, penalties are even harsher, with mandatory minimums and no parole.

Our Defense Approach

We don’t walk clients into court unprepared. We fight from the start. Our strategy may involve:

• Filing motions to suppress illegally obtained evidence.
• Exposing flaws in lab testing and forensic handling.
• Challenging weak evidence of “intent to deliver.”
• Negotiating strategically when it positions you for the best outcome.
• Taking the case to trial when prosecutors refuse to play fair.

We are fighters and tacticians. We know when to press for dismissal or reduced charges, when to negotiate a reduced charge, and when to go toe-to-toe before a jury.

Frequently Asked Questions About Drug Trafficking Charges In Texas

What Is The Difference Between Drug Possession And Drug Trafficking?

Possession means you had drugs for your own use, with no intent to deliver them to someone else. Trafficking, under Texas Health and Safety Code § 481.112, requires proof that you intended to manufacture, deliver, or sell. The line between the two often comes down to quantity and circumstantial evidence. If you had multiple baggies, large sums of cash, or scales, prosecutors will argue you were trafficking. Our job is to fight those assumptions and show that possession does not automatically equal intent to distribute.

Can Text Messages Or Phone Records Really Be Used Against Me?

Yes. Prosecutors increasingly rely on cell phone evidence to claim you were coordinating drug sales. Texts, call logs, and even location data may be used to build a trafficking case. The problem with this is that texts can be taken out of context, and phone records can, at times, be unreliable. We challenge how that evidence was collected, whether warrants were valid, and whether the content truly proves trafficking.

Do The Police Need A Warrant To Search My Car Or Home?

Not always, but they often try to stretch exceptions to the warrant rule. For cars, police rely on the “automobile exception,” which allows a warrantless search if they have probable cause the vehicle contains evidence of a crime. For homes, a warrant is almost always required unless you consent or there are true emergency circumstances (such as imminent danger or destruction of evidence). Under the Fourth Amendment and Texas Code of Criminal Procedure Art. 38.23, unlawfully obtained evidence must be suppressed. We carefully analyze every search to determine whether officers violated your rights.

What Happens If Drugs Are Found In A Car, But I Wasn’t The Only Passenger?

This is common. Prosecutors may charge everyone in the car, arguing “joint possession.” To convict, they must prove you had control or knowledge of the drugs. If the drugs were under a seat, in the trunk, or in a bag that wasn’t yours, we argue lack of knowledge or control. We’ve beaten trafficking cases by showing our clients were simply in the wrong place at the wrong time.

What Are The Sentencing Ranges For Trafficking In Texas?

Sentences depend on the drug and amount:

• Less than one gram (Penalty Group 1) – State jail felony, 180 days to 2 years.
• 1 to 4 grams – Second-degree felony, 2 to 20 years, up to $10,000 fine.
• 4 to 200 grams – First-degree felony, 5 to 99 years.
• 400 grams or more – Life in prison possible, fines up to $250,000 for Penalty Group 1; generally up to $100,000 for other penalty groups.
• These penalties come straight from Texas Health and Safety Code § 481.112. On the federal side, 21 U.S.C. § 841 imposes mandatory minimums that start at 5 or 10 years.

Can Federal Prosecutors Take Over My State Case?

Yes, and it happens often in large-scale trafficking investigations. If federal agencies like the DEA, FBI, or Homeland Security are involved, the U.S. Attorney’s Office can “adopt” the case and prosecute it federally. This doesn’t erase the state charges, but often federal prosecution takes priority, and penalties in federal court are usually far harsher than under Texas law.

What Is “Constructive Possession” And Why Does It Matter?

Constructive possession of drugs means that even if the drugs are not found on your person, prosecutors can prove possession by showing you knowingly had the care, custody, control, or management of the substance.

In Texas, prosecutors must show more than just proximity — they must establish a “link” between you and the drugs, such as ownership of the place where they were found, fingerprints, incriminating statements, or other circumstances proving you exercised control. Being merely near drugs is not enough to convict.

If The Police Used An Informant, Can That Help My Case?

Yes. Informants are often unreliable, motivated by deals or money. We challenge their credibility and motives. Informant testimony alone is weak, and we work to expose every inconsistency. If the State relies too heavily on a questionable informant, it can backfire in court.

Can I Get Probation For A Trafficking Charge?

It depends. For smaller amounts of drugs, probation may be an option. For larger quantities, especially under federal law, probation is usually off the table. Courts also consider your criminal history. That said, we sometimes negotiate reduced charges that make probation possible.

What Defenses Work In Trafficking Cases?

Possible defenses include:

• Unlawful search and seizure.
• Lack of intent to deliver.
• Entrapment by law enforcement.
• Insufficient evidence.
• Mistaken identity or false accusations.
• Challenging the lab results on the alleged drugs.
• No two cases are alike, and we build our defense around the facts, evidence, and weaknesses in the State’s case.

If I Plead Guilty, What Can I Expect?

You should never plead guilty without consulting an attorney first. Pleading guilty to trafficking can mean years in prison, massive fines, and a felony record. In some cases, we negotiate plea agreements that reduce charges or minimize prison time, but this is only after we’ve tested the strength of the State’s case.

Can A Trafficking Conviction Be Appealed?

Yes. If errors occurred during trial, such as improper jury instructions, unlawful admission of evidence, or prosecutorial misconduct, we can appeal. Appeals are complex and time-sensitive, but they are an important safeguard when the system fails.

Will I Lose My Property If Charged With Trafficking?

Possibly. Under Texas Code of Criminal Procedure Chapter 59, the State can seize property connected to drug crimes, including vehicles, cash, and even homes. We fight aggressively against asset forfeiture, forcing the State to prove a clear connection between the property and alleged trafficking.

How Long Does A Trafficking Case Usually Take?

Trafficking cases are complex. They involve lab testing, witness interviews, motions, and often federal coordination. Cases can last months or even years. During that time, we remain proactive, filing motions, challenging evidence, and preparing for trial.

Why Is Having An Aggressive Attorney So Important In Trafficking Cases?

Because prosecutors play hardball, especially with these types of cases. They know a conviction could carry decades of prison time, and they will not go easy on you. A passive attorney will get steamrolled. You need someone who can outthink, outfight, and outmaneuver the prosecution. That’s what we try to do for each and every one of our clients.

Call Mark Diaz & Associates For Exceptional Representation

At Mark Diaz & Associates, we don’t fold under pressure. We fight drug trafficking charges with relentless energy and strategic precision. Prosecutors in Texas are aggressive, but so are we. We have spent years protecting clients in Galveston, Houston, and across Texas from the most serious criminal charges, and we know how to dismantle the State’s case piece by piece.

If you are under investigation or have been arrested for drug trafficking, your future is on the line. Do not wait. Contact our Texas drug trafficking attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Our office is based in Galveston, and we represent clients throughout Houston and across the State of Texas. Put us in your corner, and let us fight for your freedom.