Drug Conspiracy Charges in Texas
Charges of conspiracy to distribute controlled substances is a very serious offense that can be charged in state or federal court. A conviction at either level can result in serious penalties, including substantial fines and lengthy prison terms. Determining the degree of prosecution depends on the type and quantity of the drug, as well as if the incident went beyond state lines.
This charge should not be taken lightly and it’s important that you seek legal advice immediately. At the law office of Phillip A. Linder, we have the experience necessary to build an effective defense against a wide range of drug conspiracy cases.
Protecting Your Legal Rights
Law enforcement officials typically use the drug conspiracy charge in their efforts to shut down a drug operation. No matter your level of involvement or knowledge, you could find yourself facing charges in these investigations. Many people are often targeted as a tactic to obtain information.
In order to prove conspiracy, the prosecutor must have an understanding of the facts and evidence that corroborates the facts. That means you had to know that something illegal was happening and consented to it.
As a former prosecutor with the Dallas County District Attorney’s Office, Mr. Linder has had success in minimizing his clients’ involvement in the operation. He’ll work to weaken the evidence by applying a viable defense ⎼ his client wasn’t aware of the illegal activity in question.
Frequently Asked Questions
What is Texas’ code of criminal conspiracy?
Texas Penal Code 15.02, Criminal Conspiracy, provides that a person committed criminal conspiracy if, with intent that a felony be committed:
- He agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
- He or one or more of them performs an overt act in pursuance of the agreement.
What elements must be proven for conspiracy?
In order for a person to be found guilty of conspiracy, the prosecution must provide evidence that supports the facts while meeting certain elements. Federally, it must be shown that an agreement was made voluntarily and that the conspiracy was understood. It must also be tried that at least one indisputable act was taken in abetting the conspiracy. The act in question must be substantial and related to the conspiracy.
What are some defenses that could apply to my case?
To fight a drug conspiracy charge, challenging the state’s evidence is an incredibly strong defense. There are three additional defenses that could be successful in certain conspiracy cases. These include:
- Renunciation, or an affirmative defense that calls for an obstruction of the execution of the conspiracy and complete voluntary abandonment of the agreement.
- Withdrawal, or informing all co-conspirators that you are withdrawing from the conspiracy and have no intention of taking part in the criminal act. This often causes other co-conspirators to withdraw as well.
- Impossibility, or co-conspirators agreeing to commit an act that they believe is illegal but is in fact not illegal. This defense is less likely to be used.
Do you have experience in conspiracy cases?
At the law office of Phillip A. Linder, we have experience defending clients in conspiracy cases involving a broad range of drug-related crimes, including the following:
- Drug importation
- Drug sales
- Drug distribution
- Drug trafficking
- Drug manufacturing
Contact Phillip Linder For All Your Defense Needs
If you’ve been charged with drug conspiracy, contact one of our offices to schedule an initial consultation about defense attorney needs. Rest assured, Phillip Linder has the tools and experience necessary to achieve the best possible outcome for your case.