Denton County Manufacture or Delivery of a Controlled Substance Defense

If you’ve been charged with manufacture or delivery of a controlled substance in Denton County, you’re facing some of the most serious drug charges under Texas law. These are felony offenses that can result in years or even decades in prison, massive fines, and a permanent criminal record. The penalties depend on the type of drug involved, the amount, and whether any aggravating factors apply.

You need to understand what you’re up against and what options exist for fighting these charges. Our experienced Denton County drug lawyer can examine the evidence, challenge the prosecution’s case, and work toward the best possible outcome. The earlier you get legal help, the more options you’ll have.

What Does “Manufacture or Delivery” Mean Under Texas Law?

Texas law treats manufacture and delivery as separate but related offenses. Under Texas Health and Safety Code § 481.112, it is illegal to knowingly manufacture, deliver, or possess with intent to deliver a controlled substance. The same statute covers intent to deliver, which means prosecutors don’t need to prove an actual sale occurred.

“Manufacture” includes any step in the production process. This could mean growing marijuana plants, cooking methamphetamine, mixing precursor chemicals, or packaging drugs for distribution. Even possessing equipment or chemicals used to make drugs can support a manufacture charge.

“Delivery” is broader than you might think. It covers selling drugs, but it also includes giving drugs away, offering to give them away, or transferring them to another person. If you hand a friend a pill at a party, that technically qualifies as delivery under Texas law.

The Role of Intent in Manufacture or Delivery of a Controlled Substance

Possession with intent to deliver is charged when police believe drugs found in your possession were meant for distribution rather than personal use. Prosecutors often rely on circumstantial evidence to prove intent, including the quantity of drugs found, packaging materials (baggies, scales), large amounts of cash, multiple cell phones, or communications suggesting drug sales.

The distinction between simple possession and possession with intent to deliver can mean the difference between a state jail felony and a first-degree felony carrying a potential life sentence.

Penalty Groups and What They Mean for Your Case

Texas classifies controlled substances into four penalty groups based on their potential for abuse and accepted medical use. The penalty group determines how severely the offense is punished, with Penalty Group 1 carrying the harshest consequences.

Penalty Group 1

This group includes the most dangerous drugs with high abuse potential and limited medical applications. Substances in this category include cocaine, heroin, methamphetamine, oxycodone, hydrocodone, fentanyl, and GHB. Penalties for manufacture or delivery of Penalty Group 1 substances under Texas Health and Safety Code § 481.112 are:

• Less than 1 gram: State jail felony (180 days to 2 years in state jail, up to $10,000 fine)
• 1 to 4 grams: Second-degree felony (2 to 20 years in prison, up to $10,000 fine)
• 4 to 200 grams: First-degree felony (5 to 99 years or life, up to $10,000 fine)
• 200 to 400 grams: Enhanced first-degree felony (10 to 99 years or life, up to $100,000 fine)
• 400 grams or more: Enhanced first-degree felony (15 to 99 years or life, up to $250,000 fine)

Penalty Group 1-A and 1-B

Penalty Group 1-A covers LSD specifically, while Penalty Group 1-B includes fentanyl and fentanyl derivatives. Fentanyl cases have become increasingly common and are prosecuted aggressively due to the ongoing overdose crisis.

Penalty Group 2

This group includes ecstasy (MDMA), PCP, mescaline, and synthetic cannabinoids. Under Texas Health and Safety Code § 481.113, the penalties mirror those for Penalty Group 1 substances, though the weight thresholds differ slightly for the most serious charges.

Penalty Groups 3 and 4

These groups cover substances with accepted medical uses but potential for abuse, including certain prescription drugs, anabolic steroids, and compounds containing limited quantities of codeine or other opioids. Penalties under Texas Health and Safety Code § 481.114 are generally less severe than those for Penalty Groups 1 and 2, but they still carry significant prison time.

What Bonds Look Like in Denton County Drug Cases

Understanding bond amounts can help you prepare for what happens after an arrest. Based on our analysis of drug cases in Denton County, bonds for manufacture and delivery charges vary significantly based on the drug type and quantity involved.

For manufacture or delivery of Penalty Group 1 substances between 4 and 200 grams, the most common bond set was $20,000, with an average bond of approximately $36,000. Smaller quantities between 1 and 4 grams typically see bonds around $15,000. For the most serious cases involving 200 grams or more, bonds can reach $100,000 or higher.

Penalty Group 2 cases show slightly lower bond amounts. Delivery of 4 to 400 grams of a Penalty Group 2 substance typically sees bonds around $25,000. Marijuana delivery cases generally have lower bonds, with amounts between 1/4 ounce and 5 pounds often seeing bonds around $5,000.

These figures represent typical amounts and can vary based on criminal history, flight risk, community ties, and other factors. A skilled defense attorney can argue for bond reduction if the initial amount is excessive.

Factors That Increase Penalties

Several circumstances can elevate the charges you face or increase potential penalties beyond the base offense level.

Drug-Free Zones

If the offense occurred within 1,000 feet of a school, playground, youth center, or other designated drug-free zone, the minimum sentence increases and you may face an enhanced charge. A third-degree felony can become a second-degree felony, and so on. Denton County includes numerous schools, playgrounds, and public pools that create drug-free zones throughout the area.

Delivery to a Minor

Delivering a controlled substance to someone under 18 years old is punished more severely. If you’re 18 or older and deliver drugs to a minor, the offense is typically punished at the next highest felony level. Delivery to a minor under 14 carries even harsher consequences.

Death or Serious Bodily Injury

If someone dies or suffers serious bodily injury as a result of using drugs you manufactured or delivered, you can face upgraded charges. These cases are increasingly common in fentanyl-related deaths, where prosecutors pursue manslaughter or even murder charges against dealers.

Prior Convictions

Texas enhances sentences for repeat offenders. A prior felony conviction can increase the minimum sentence for your current charge. Multiple prior drug convictions can result in habitual offender enhancements that dramatically increase prison time.

If you’re being investigated or have already been arrested, talk to a lawyer before speaking with police. Call (940) 252-2220 for a free consultation with a Denton County drug defense attorney.

Common Defenses in Manufacture and Delivery Cases

Every case has vulnerabilities the defense can exploit. An experienced attorney will examine every aspect of your arrest and the prosecution’s evidence to identify weaknesses.

Unlawful Search and Seizure

The Fourth Amendment protects you from unreasonable searches. If police searched your home, vehicle, or person without a valid warrant or recognized exception, any evidence they found may be suppressed. Without the drugs themselves, the prosecution’s case often falls apart.

Common search issues include warrants based on unreliable informants, consent obtained through coercion or deception, searches that exceeded the scope of a warrant, and traffic stops lacking reasonable suspicion.

Lack of Knowledge or Intent

The state must prove you knew the substance was illegal and intended to manufacture or deliver it. If drugs were found in a shared space, borrowed vehicle, or somewhere you didn’t have exclusive access, you may be able to challenge the assumption that you knew about or controlled the drugs.

For delivery charges, prosecutors must prove you intended to transfer the drugs. Circumstantial evidence of intent can be challenged if there’s an innocent explanation for the items found.

Chain of Custody Problems

Prosecutors must establish a clear chain of custody for all physical evidence. If drugs were improperly stored, handled by unauthorized personnel, or otherwise compromised between seizure and trial, the defense can challenge whether the evidence presented is actually what was found.

Lab Testing Errors

The state must prove the substance seized was actually a controlled substance. Lab analysts make mistakes, equipment malfunctions, and protocols aren’t always followed. An experienced defense attorney will scrutinize lab reports and may retain independent experts to challenge the state’s testing.

Entrapment

If police or informants induced you to commit a crime you weren’t predisposed to commit, you may have an entrapment defense. This is difficult to prove but can be effective when law enforcement went beyond merely providing an opportunity and actively pressured or manipulated you into criminal conduct.

Case Example: Manufacture Charges Dismissed

Varghese Summersett has a track record of obtaining favorable results in serious drug cases. In one case, our client faced charges for manufacturing a controlled substance in Penalty Group 1, with the amount alleged to exceed 400 grams. This charge carried a potential sentence of 15 years to life in prison. After thoroughly investigating the case and challenging the evidence, we secured a complete dismissal. Our client walked away without a conviction.

We’ve also obtained dismissals in multiple delivery cases involving 4 to 200 grams of Penalty Group 1 substances, each of which carried potential first-degree felony sentences of 5 to 99 years. Past results do not guarantee future outcomes, but these examples demonstrate what’s possible when experienced attorneys challenge the prosecution’s evidence.

The Criminal Court Process in Denton County

Understanding what happens after an arrest can help reduce anxiety and allow you to participate meaningfully in your defense.

Arrest and Booking

After arrest, you’ll be transported to the Denton County Jail for booking. This includes photographs, fingerprinting, and processing. You’ll appear before a magistrate who will inform you of the charges and set bond. For felony drug charges, bonds are typically set higher than for misdemeanors.

Grand Jury Indictment

Felony charges in Texas must be presented to a grand jury, which decides whether sufficient evidence exists to proceed. The grand jury doesn’t determine guilt but only whether there’s probable cause. An experienced attorney can present information to the grand jury or work with prosecutors before the grand jury considers the case.

Arraignment and Pre-Trial

After indictment, you’ll be arraigned and enter a plea. Most defendants plead not guilty at this stage to preserve their options. The case then enters the pre-trial phase, where your attorney will file motions, review discovery, negotiate with prosecutors, and prepare for trial if necessary.

Trial or Resolution

Many drug cases resolve through negotiated pleas, especially when the defense identifies significant problems with the prosecution’s case. Options may include charge reductions, probation instead of prison, or participation in drug court programs. If a fair resolution isn’t possible, the case proceeds to trial before a judge or jury.

Denton County drug cases are heard at the Denton County Courts Building. Cases may be assigned to one of several district courts depending on the case number and court calendars.

Probation and Alternative Sentencing

Not every conviction results in prison time. Depending on the charge level, your criminal history, and other factors, you may be eligible for probation or participation in specialty programs.

Deferred Adjudication

Deferred adjudication is a form of probation where a conviction isn’t entered if you successfully complete the probation term. While deferred adjudication for delivery charges is limited, it may be available for first-time offenders or when charges are reduced through negotiation. Successfully completing deferred adjudication may make you eligible to seal your record through an order of nondisclosure.

Drug Court

Denton County offers a drug court program that focuses on treatment and rehabilitation rather than incarceration. Drug court isn’t available for all cases, but it can be an option for defendants whose criminal behavior stems from addiction. Successful completion can result in dismissal or reduced sentences.

Collateral Consequences of a Drug Conviction

Beyond prison and fines, a drug conviction creates lasting problems that affect virtually every area of life.

A felony drug conviction can result in loss of professional licenses, difficulty finding employment, inability to obtain student financial aid, loss of voting rights during incarceration and supervision, deportation for non-citizens, loss of child custody or visitation rights, ineligibility for public housing, and difficulty renting private housing.

These consequences make it critical to fight the charges or at least minimize the outcome through negotiation.

Federal Drug Charges

Some drug cases are prosecuted in federal court rather than state court. This typically occurs when large quantities are involved, the distribution network crosses state lines, law enforcement used federal resources in the investigation, or the offense occurred on federal property.

Federal drug penalties are often more severe than state penalties, with mandatory minimum sentences that restrict judicial discretion. If you’re facing federal drug charges, you need an attorney experienced in federal court.

What to Expect From Varghese Summersett

When you hire our firm, you get a team of attorneys who treat your case as seriously as you do. We include four lawyers who are Board Certified in Criminal Law by the Texas Board of Legal Specialization. Several of our attorneys are former prosecutors who understand how the other side builds cases and where those cases are vulnerable.

Our team has secured more than 1,600 dismissals and over 800 charge reductions across all types of criminal cases. We’ve handled everything from simple possession charges to complex federal drug conspiracy cases. We know how to investigate drug cases, challenge evidence, and fight for our clients both in and out of the courtroom.

With over 70 team members across offices in Fort Worth, Dallas, Houston, and Southlake, we have the resources to thoroughly prepare your defense. We’re available 24/7 to discuss your case and develop a strategy.

FAQ: Denton County Manufacture and Delivery Charges

Can I be charged with delivery if I just gave drugs to a friend?

Yes. Under Texas law, “delivery” includes any transfer of a controlled substance to another person, even without payment. Giving drugs to a friend at a party technically qualifies as delivery and can be charged as a felony.

What’s the difference between possession and possession with intent to deliver?

Simple possession is charged when drugs are found and believed to be for personal use. Possession with intent to deliver is charged when police believe you planned to distribute the drugs. Factors like quantity, packaging materials, scales, large amounts of cash, and communications can support an intent to deliver charge. The penalties for intent to deliver are much more severe.

Can these charges be dismissed?

Yes. Drug charges are dismissed regularly when defense attorneys identify problems with how police obtained evidence, when lab results are flawed, when the prosecution can’t prove the required elements, or through negotiated agreements. We’ve obtained dismissals in serious manufacture and delivery cases.

Will I have to go to prison?

Not necessarily. Prison isn’t automatic even for felony drug convictions. Options like probation, drug court, deferred adjudication, or reduced charges may keep you out of prison depending on the specific facts, your criminal history, and how effectively your attorney negotiates.

How long does a drug case take in Denton County?

It varies significantly. Simple cases might resolve in a few months. Complex cases with multiple defendants, extensive evidence, or trial preparation can take a year or longer. Your attorney can give you a better timeline after reviewing the specific facts of your case.

A manufacture or delivery charge in Denton County is a serious matter that requires experienced legal representation. The attorneys at Varghese Summersett have the knowledge, resources, and track record to fight for the best possible outcome in your case. Don’t wait. Call (940) 252-2220 today for a free consultation.