A drug delivery charge in Denton County is more than a felony on your record. It can mean years in prison, tens of thousands in fines, and a permanent criminal history that follows you for life. If you’re facing manufacture or delivery of a controlled substance charges, what you do next matters.
Every drug delivery case is different. Some involve undercover stings. Others stem from search warrants or traffic stops. The prosecution will try to prove you intentionally sold, gave, or distributed drugs. Your Denton County drug delivery defense attorney will need to challenge their evidence at every turn.
What Is Drug Delivery Under Texas Law?
Under Texas Health and Safety Code § 481.112, delivery means the actual or constructive transfer of a controlled substance to another person. This includes selling drugs, giving them away, or even offering to deliver them. Manufacture means producing, preparing, or compounding a controlled substance.
The state doesn’t have to prove you sold drugs for money. Simply handing someone a pill or splitting drugs with a friend can qualify as delivery. Even offering to sell drugs, even if the transaction never happens, can support a delivery charge.
Texas divides controlled substances into penalty groups. Penalty Group 1 includes heroin, cocaine, methamphetamine, and fentanyl. Penalty Group 2 includes ecstasy and PCP. The penalty group and the weight determine the severity of your charge.
What Are the Penalties for Drug Delivery in Texas?
Drug delivery penalties depend on the type and amount of the substance. For Penalty Group 1 substances like methamphetamine, cocaine, heroin, or fentanyl, the penalties are severe.
For less than one gram, you’re looking at a state jail felony with 180 days to two years in state jail and a fine up to $10,000. Between one and four grams is a second-degree felony: two to 20 years in prison and a fine up to $10,000.
Between four and 200 grams becomes a first-degree felony with five to 99 years or life in prison and a fine up to $10,000. Between 200 and 400 grams carries 10 to 99 years or life and up to $100,000 in fines. Over 400 grams means 15 to 99 years or life and up to $250,000 in fines.
For Penalty Group 2 substances like ecstasy, the penalties are slightly less severe but still life-changing. Less than one gram is a state jail felony. One to four grams is a second-degree felony. Four to 400 grams is a first-degree felony with five to 99 years or life.
These are just prison sentences. A drug delivery conviction can also mean loss of voting rights, professional licenses, student loans, and housing assistance.
What Can You Expect for Bond in a Drug Delivery Case?
Bond amounts in drug delivery cases vary widely based on the weight and substance involved. In our analysis of Tarrant County bonds, the most common bond for manufacture or delivery of Penalty Group 1 controlled substances between four and 200 grams was $20,000, with an average bond of $62,468.
For smaller amounts under one gram of Penalty Group 1, typical bonds ranged from $1,500 to $10,000, with an average bond of $10,944. For Penalty Group 2 substances between four and 400 grams, the most common bond was $10,000, with an average of $36,913.
Several factors influence bond amounts. Prior criminal history, the specific drug involved, whether a weapon was present, and whether the offense occurred in a drug-free zone all matter. If you’re accused of delivering drugs near a school or playground, expect a higher bond.
Bond is not punishment. It exists to make sure you appear in court. If the bond is set too high, your attorney can file a motion to reduce it. The court will consider your ties to the community, employment history, and whether you pose a flight risk.
What Defenses Work in Drug Delivery Cases?
Drug delivery cases are not unwinnable. Prosecutors must prove every element of the offense beyond a reasonable doubt. Your attorney’s job is to create reasonable doubt wherever possible.
One common defense is lack of knowledge. If you didn’t know the substance was in your car, home, or possession, you can’t be guilty of delivery. Police often charge everyone present when drugs are found, even if only one person knew about them.
Illegal searches are another powerful defense. If police violated your Fourth Amendment rights by searching without a warrant or probable cause, the evidence they found may be suppressed. Without that evidence, the state may not be able to prove their case.
In undercover operations, entrapment can be a defense. If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, that’s entrapment. This is a high bar to meet, but it applies in some cases.
Chain of custody issues can also derail a prosecution. The state must prove the substance tested in the lab is the same substance seized from you. If there are gaps in the chain of custody, the evidence may be unreliable.
Lab analysis is critical. The prosecution must prove the substance is actually what they claim. If the lab report is flawed or the chemist can’t testify, the charge may be reduced or dismissed.
Real Case Example: Manufacture and Delivery Reduced to Possession
In one recent case, a client faced charges of manufacture and delivery of a Penalty Group 1 controlled substance between four and 200 grams. This was a first-degree felony carrying five to 99 years in prison. The substance was fentanyl, a particularly serious drug in the eyes of Texas courts.
Our attorneys challenged the evidence and negotiated with prosecutors. We were able to get the charge reduced from manufacture and delivery to possession of a controlled substance. Instead of facing decades in prison, the client received five years of deferred adjudication with no fine. If they complete probation successfully, the case can be dismissed and sealed from their record.
This outcome wasn’t luck. It required investigating the facts, challenging the state’s evidence, and building a relationship with the prosecutor. Every case is different, and past results don’t guarantee future outcomes. But this case shows that even serious drug charges can be fought and reduced.
How Does the Criminal Court Process Work in Denton County?
After an arrest for drug delivery in Denton County, you’ll be taken to the Denton County Jail for booking. Within 48 hours, you’ll appear before a magistrate for a bond hearing. This is your first chance to get out of jail while your case is pending.
Once you’re out on bond, your attorney will begin investigating your case. This includes reviewing police reports, obtaining lab reports, and interviewing witnesses. In drug cases, much of the work happens before you ever set foot in a courtroom.
Denton County drug cases are prosecuted by the Denton County District Attorney’s Office. They handle all felony drug charges. Your case will be assigned to a specific court and prosecutor. Your attorney will meet with the prosecutor to discuss the evidence and potential resolutions.
Many drug delivery cases are resolved through plea negotiations. This doesn’t mean you’re guilty. It means you and your attorney have evaluated the evidence and decided a negotiated outcome is better than the risk of trial. Possible outcomes include charge reductions, deferred adjudication, pretrial diversion, or dismissal.
If your case goes to trial, a jury will decide whether the state proved every element of the offense beyond a reasonable doubt. Drug delivery trials often turn on expert testimony, witness credibility, and the legality of the search and seizure.
Schedule a Free Consultation with an experienced Denton County drug defense lawyer to protect your rights and your future. Call (817) 203-2220 today.
Why Prosecutors Fight Drug Delivery Cases So Hard
Drug delivery cases are treated more seriously than simple possession. Prosecutors see dealers as the source of the drug problem, not users. They’re trained to seek maximum penalties, especially in cases involving large amounts or dangerous drugs like fentanyl.
Federal prosecutors may also get involved if the case crosses state lines or involves large quantities. Federal drug charges carry even harsher penalties than state charges and are prosecuted in federal court with different rules.
Denton County has a reputation for taking drug crimes seriously. The district attorney’s office has dedicated prosecutors who handle drug cases full-time. They know the defenses and how to counter them. You need an attorney who knows how they think and how to fight back.
What to Expect From Varghese Summersett
Our criminal defense attorneys have handled hundreds of drug delivery cases across Texas. We know how prosecutors build their cases and where to find weaknesses. Our team includes former prosecutors who understand how the other side thinks.
When you hire us, we immediately begin investigating your case. We review body camera footage, challenge search warrants, and interview witnesses. We work with forensic experts to challenge lab results and test the state’s evidence.
We also explore every possible resolution. That might mean negotiating a charge reduction, seeking pretrial diversion, or taking your case to trial. We’ve secured dismissals, acquittals, and reduced charges in cases that seemed impossible to win.
Our attorneys have achieved over 1,600 dismissals and 800 charge reductions. We have offices in Fort Worth, Dallas, Houston, and Southlake with a team of more than 70 legal professionals. Several of our attorneys are board certified in criminal law by the Texas Board of Legal Specialization.
We understand what you’re facing. A drug delivery charge can feel like the end of everything. It’s not. With the right defense, you can fight back. Past results don’t guarantee future outcomes, but our track record speaks to our commitment and skill.
Don’t face drug delivery charges alone. Talk to a lawyer before you speak to police or make any decisions. The prosecution is already building their case against you. You need someone building yours.
Frequently Asked Questions
Can I be charged with delivery if I only gave drugs to a friend?
Yes. Under Texas law, delivery includes giving drugs away for free. It doesn’t matter if money changed hands. Simply handing someone a pill or sharing drugs can support a delivery charge. The prosecution must prove you knowingly transferred a controlled substance to another person.
What’s the difference between possession and delivery?
Possession means you had drugs for personal use. Delivery means you transferred drugs to someone else or intended to. Prosecutors often use circumstantial evidence like scales, baggies, large amounts of cash, or text messages to prove intent to deliver. A possession charge can be upgraded to delivery based on the amount and packaging of the drugs.
Will I go to prison for a first-time drug delivery charge?
Not necessarily. First-time offenders may be eligible for pretrial diversion programs, deferred adjudication, or probation. Much depends on the amount and type of drug, your criminal history, and the strength of the prosecution’s case. An experienced attorney can often negotiate alternatives to prison, especially for first-time offenders.
Can police search my car without a warrant in a drug case?
It depends. Police can search your car without a warrant if they have probable cause to believe it contains evidence of a crime. They can also search if you consent or if the search is incident to a lawful arrest. If the search was illegal, your attorney can file a motion to suppress the evidence, which could lead to a dismissal.
What happens if I miss a court date in my drug delivery case?
Missing a court date is serious. The judge will likely issue a warrant for your arrest and may revoke your bond. When you’re arrested on the warrant, you could be held without bond until your case is resolved. If you miss a court date, contact your attorney immediately. They may be able to get the warrant recalled and prevent additional charges.
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Protect Your Rights and Your Future
Drug delivery charges in Denton County carry life-changing consequences. Prison time, massive fines, and a permanent criminal record are all on the table. But these charges can be fought. With the right defense strategy, you can challenge the evidence, negotiate a better outcome, or win at trial.
The prosecution has already started building their case. You need an attorney who will fight just as hard for you. Don’t wait. Every day that passes is a day the state uses to strengthen their case against you.
Call Varghese Summersett at (817) 203-2220 for a free consultation. We’ll review your case, explain your options, and start building your defense. Your future is worth fighting for.
