When facing family or domestic violence charges, your private family matters become very public. Not only will a domestic violence conviction potentially put you behind bars, it will also carry a high social and emotional cost.

You will also face a substantial fine, a permanent criminal record, and you could even lose custody or parental rights for your children. Before you make any life-changing decisions, talk to a family and domestic violence lawyer in Denton to learn more about your options.

Attorney Randall Isenberg understands how challenging this situation can be. Our office would like to offer you a no-cost, no-obligation case review to answer your questions and help you decide on the next step.

Call us today at 214-696-9253 to schedule your appointment.

Does a Domestic Violence Conviction Mean Jail Time?

Many people go to jail for domestic or family violence. Whether your case lands you behind bars depends on the nature of the alleged crime, your past criminal record, and the injuries (if any) the victim may have suffered.

The statutes consider any person related to you by blood or marriage to be a family member. The victim could be:

• Any person related to you by blood or marriage (e.g., in-laws)
• Ex-spouse
• Dating partner
• Ex-dating partner
• Co-parent of your child
• Roommate

In most cases, you need not actually harm someone for the police to charge you with domestic family violence. The threat of harm is sufficient for the state to press charges.

If you threatened someone with violence, you may face a misdemeanor charge. Conviction on a class A misdemeanor, for example, carries jail time of up to one year and a $4,000 fine.

If the victim suffered injuries, you will likely face a felony charge.

A third-degree felony carries two to 10 years in prison and a $10,000 fine.

A second-degree felony conviction earns you two to 20 years behind bars and a $10,000 fine.

A first-degree felony means five to 99 years in prison and a $10,000 fine.

If you had a weapon or threatened to use a weapon — even if you did not show or use it — you will also face felony charges. Likewise, the prosecutor will pursue a felony conviction if the victim suffered life-threatening injuries, if the victim was a child, or if the alleged incident involved any type of breath impairment (i.e., choking, strangling, or smothering).

Even if you do not go to jail for a family violence conviction, you will have a permanent criminal record that cannot be sealed or expunged. Your record will be visible to anyone who runs a background check, such as a potential employer or landlord. It may prevent you from holding a professional license or from getting custody of your children.

Upon conviction for felony domestic violence, you will lose your ability to vote, sit on a jury, own or possess a firearm, or even obtain a hunting and fishing license.

What Can a Domestic Violence Lawyer Do to Help?

The most significant challenge you may face in a family violence case is how little evidence the police and prosecutor need to pursue charges against you.

To place you under arrest, the police do not need any witnesses or even solid evidence. Once officers respond to a domestic violence call, they will likely take someone to jail — and it typically will not be the alleged victim.

In fact, even if the alleged victim later recants her story and expresses an unwillingness to pursue charges, the prosecutor can (and usually will) go forward with criminal charges.

Having a family and domestic violence lawyer from the Law Offices of Randall B. Isenberg on your side can help your case.

We will protect your legal rights and represent you through every aspect of your criminal case. We will evaluate the evidence to identify any potential violations of your rights or errors the police may have made before, during, and after your arrest.

If our team identifies weaknesses in the case, we can use those to negotiate with the prosecutor to reduce or dismiss the charges. If your case must go to trial, we can identify solid legal strategies for building your defense.

One of the most common legal strategies for fighting family or domestic violence charges is to claim self-defense or the defense of others. We may also recommend a defense strategy based on:

• A lack of intent;
• A misunderstanding or mistake; or
• False accusations made by the alleged victim.

In some cases, we may recommend a diversion program or another type of preemptive strategy. This may help convince the prosecutor and the judge that you sincerely regret the incident in question and have committed to making positive life changes.

If the prosecutor will not agree to reduce the charges, we may recommend going to trial. Although a trial can be difficult for everyone involved, the prosecution must meet a high burden of proof in court. Our team can call on critical resources, such as investigators, psychologists, and subject matter experts to provide testimony in your defense.

Schedule a Free Consultation with a Family Domestic Violence Lawyer in Denton.

It is important that you understand what these charges may mean to your future and your family. A domestic violence attorney can explain your options and help you make an informed decision for your future.

Attorney Randall Isenberg has worked to provide comprehensive criminal defense for his clients for years. He brings a wealth of experience to your defense, including time as a federal district court judge and chief felony prosecutor. His knowledge and insight into the Texas legal system can be invaluable for building a strong case and fighting for your future.

We offer a complimentary consultation to answer your questions and help you decide on the next step. Schedule your free consultation today: 214-696-9253.

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A criminal record can haunt you forever, preventing you from getting a job, holding a professional license, or even renting a house.

Fortunately, the Texas statutes provide a means for purging or sealing your record, clearing your name and allowing you to regain a sense of normalcy. An expunction and non-disclosure lawyer in Denton can help you do just that.

Call the Law Offices of Randall B. Isenberg today to learn more: 214-696-9253.

Can I Apply for Arrest Record Expunction in Denton?

Expunging your record will erase any proof that you got arrested or ever faced criminal charges.

Per the Code of Criminal Procedure (CCP), you can pursue an expunction for a variety of scenarios. If you went to trial but the court acquitted or pardoned you, you qualify for expunction (as long as you did not receive a conviction for a related crime).

If you never went to trial, you can qualify if you meet the following:

• The court did not convict you;
• The charge was not for violating probation;
• You did not flee while on bail; and
• You never received probation for the offense in question.

You must also prove the following:

• The court dismissed or voided the charges; or
• The waiting period or statute of limitations expired; or
• The prosecution does not need your records.

Should I Seek Non-Disclosure Instead?

While expunction purges your record, non-disclosure essentially seals your criminal history from view in a background check. This prevents most members of the public from accessing your record; however, the police, the courts, and some government agencies may retain access if the court deems it appropriate. Your record will also remain admissible in any court of law.

You can seek non-disclosure if your charges were a Class B or C misdemeanor, but only you met the terms of probation or deferred adjudication agreement.

If your offense involved any of the following, you may not qualify for a non-disclosure:

• Sex-related crimes
• Kidnapping
• Child abandonment or endangerment
• Injury to a child, elderly person, or disabled person
• Domestic violence
• Stalking
• Murder

You cannot petition the court to have your record sealed until the statutory waiting period expires, and you cannot have any subsequent convictions to qualify for non-disclosure.

How Can an Expunction and Non-Disclosure Lawyer Help Me Clear My Record?

The process by which you must pursue the expunction of your records is complex and confusing. Having an expunction lawyer handle this process for you can provide quite a few important benefits.

Our legal team will begin by identifying the jurisdiction that handled your case originally. Typically, this will be either the municipal court in Denton, the county court, or the state district court.

Each jurisdiction requires us to petition the court to begin the expunction process. Our legal team will prepare the petition and submit it to the court, as well as to any other entity or agency that has a copy of your record. We must do this so that, should any court or related entity have reason to contest your expunction, it has the opportunity to do so.

Once the court receives our petition, the clerk will schedule a hearing. We will represent you at the hearing, and present the evidence necessary to establish that you have valid cause for requesting an expunction.

For non-disclosure, the procedure is similar to the process for seeking expunction. We will file your petition with the appropriate court and attend the subsequent hearing.

It is important to note that, even if you meet all the criteria for expunction or non-disclosure, the judge does not have an obligation to grant your request unless you can prove it is in the best interest of justice.

Our legal team understands how to present your case in such a way that the judge can agree that you pose no threat to the justice system.

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What Are the Waiting Periods for Expunction & Non-Disclosure?

How long you must wait depends on the charges in question.

For example, for a Class C misdemeanor charge, the expunction waiting period is six months from the time of your arrest. For class B or class A misdemeanor charges, the waiting period is one year from the date of arrest. For any felony charge, you must wait three years from the date of the arrest.

If you wish to apply for expunction before the statute of limitations or prescribed waiting period expires, the prosecutor in your case must first agree to it. In many cases, if the prosecution agrees, it will retain your file until the prescribed waiting time or statute of limitations does expire.

Before you can pursue a non-disclosure order, you must complete your obligations under a suspended sentence or deferred adjudication agreement.

If your offense was a misdemeanor that involved a firearm or weapons violation, sex crime, or violent crime, you cannot petition the court for non-disclosure until three years after the completion of your obligations. For any felony offense, you must wait for 10 years after you have fulfilled the terms of your agreement with the court.

Get Answers from an Expunction and Non-Disclosure Lawyer Today

Before you attempt to tackle this complex legal process on your own, talk to an attorney. This will ensure that you understand how the process works.

Attorney Randall Isenberg has more than three decades of experience working in the criminal justice system as an expunction and non-disclosure lawyer, felony prosecutor, and judge. Our legal team can help you determine which procedure is appropriate for your case. We can also explore the details of your situation to ensure that you qualify for either expungement or non-disclosure.

We offer free consultations to ensure you can make an informed decision about your future. Call us today: 214-696-9253.

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The police rely on chemical testing for blood alcohol content (BAC) to put people behind bars for drunk driving. However, sometimes the tests used to measure BAC fail, putting innocent people in jail and ruining their lives.

A breathalyzer and blood test defense lawyer in Denton understands how to question these often-faulty testing procedures, to ensure the protection of your legal rights.

Attorney Randall Isenberg has extensive knowledge of these testing methods and how to challenge them in court. With more than 30 years of experience on all sides of the criminal justice system, his background helps him fight for the best possible outcome in your case.

Contact the Law Offices of Randall B. Isenberg for a free consultation: 214-696-9253.

Were You Subject to an Illegal Breathalyzer or Blood Test?

By law, the police must follow specific protocols for pulling over your car, making an arrest for DWI, and for administering chemical BAC testing. Legal BAC testing must take place at the police station or an approved medical facility using specific protocols and following established guidelines.

If the police failed to protect your legal rights and follow all established requirements for BAC testing, your lawyer may successfully argue to have the evidence thrown out in your case.

In fact, before arresting you and requesting or requiring a BAC test, the police must establish probable cause for believing you were legally intoxicated.

To establish probable cause, the police often use roadside field sobriety testing. Alternatively, they may ask you to blow into a portable breathalyzer machine. Both approaches may lack accuracy for establishing probable cause, especially if the police fail to follow established protocols.

The National Highway Traffic Safety Administration (NHTSA) has its own set of Standardized Field Sobriety Test (SFST) standards. The police must use and comply with these standards when conducting field sobriety testing. Otherwise, your lawyer may successfully argue to have any subsequent evidence thrown out.

Likewise, the NHTSA publishes guidelines for using a roadside breathalyzer machine to establish probable cause. Violating any of these standards could mean you submitted to an illegal chemical BAC test.

What Is the Procedure for Breathalyzer and Blood Testing in Denton?

In Texas, the Department of Public Safety’s (TxDPS) crime lab establishes the procedures and requirements for all chemical BAC testing.

After the police establish probable cause to arrest you for drunk driving, they will seize your driver’s license and issue you a temporary permit to drive. They will transport you to a facility and request that you submit to chemical BAC testing.

In most cases, the police will take you to the station where a technician is waiting to administer a breathalyzer test. For the test to be legal, the technician must have met specific training and certification requirements. The police must have, on file, a certification and records of the maintenance, testing, and calibration of the BAC measurement equipment, typically a device called the Intoxilyzer 5000.

The operator must perform the testing at least twice, to ensure the veracity of the results. After performing the test, the operator will prepare a formal report that details the result of your test.

In some cases, officers choose to test your blood instead of your breath. If they request that you submit to a blood test, that procedure must also comply with all state regulations.

Any deviation from the standards can lead to faulty or inaccurate results. We can analyze the facts of your case to determine if the police violated your rights or the testing procedures used failed to follow the published guidelines and legal standards required.

How Will Your Breathalyzer and Blood Test Lawyer Argue Your Case?

Criminal defense lawyers understand that even a positive BAC test result does not guarantee a conviction for DWI.

After analyzing the evidence in your case, your lawyer may question the justification the police used to pull you over or to arrest you. Your lawyer may also question the accuracy of the testing procedures or the results. Any of these potential weaknesses will give your lawyer the tools to negotiate with the prosecutor to have your charges reduced or dropped or, if your case does go to court, to mount a strong defense on your behalf.

For example, if the police failed to follow the guidelines for field sobriety testing, your attorney can petition to have the subsequent chemical BAC testing results thrown out for lack of probable cause.

If the police failed to read you your rights, or if any problems exist with the breathalyzer or blood testing equipment or procedures, your lawyer can also argue to have the evidence disallowed.

In some cases, false positive BAC results can occur if you take certain medications or consume certain foods or beverages. Oral hygiene products can also cause a false positive test result.

If the police or testing lab failed to follow the laws and procedures of handling evidence – such as mixing up or contaminating a blood sample, for example – your lawyer can also use this as grounds for getting your case dismissed.

Talk to a Breathalyzer and Blood Test Defense Lawyer in Denton for Help

Having a criminal defense attorney on your side will help protect your legal rights. Your lawyer can ensure you understand your options and help you choose the right legal strategies based on the facts of your case.

Randall Isenberg knows how terrifying it can be to face fines and time in jail, but rest assured, he will do everything he can to protect your freedom. He brings more than 30 years of experience to bear for you. Using his knowledge of the legal system, he can build a strong case for your defense and fight tirelessly for your future.

We also keep two Intoxilyzer 5000s at our office. Having the equipment at our office allows us to understand how it works, what maintenance is necessary, and how common false readings are.

Call us today at 214-696-9253 to see how we can help you.

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In Texas, a conviction for murder, assault, or another violent crime can put you in prison for decades, potentially for life. You may even face the death penalty.

A murder and assault lawyer in Denton can help you fight these serious allegations. Call us as soon as possible, even if the state has not yet filed charges as getting us involved earlier may be beneficial to your case.

Attorney Randall Isenberg has more than 30 years of experience as a criminal defense lawyer, chief felony prosecutor, and state judge. Put this extensive knowledge and experience to work for you today by calling 214-696-9253.

What Is Assault in Texas? Will I Go to Jail?

Title 5, Chapter 22 of the Texas Penal Code (TPC) sets forth the definition of several Assaultive Offenses.

The statute defines simple assault, typically eligible for a class A misdemeanor charge, as causing physical harm to someone, threatening someone with physical harm, or engaging in physical contact with someone for the purpose of provoking that person.

The TPC also lists a number of other crimes as assaultive offenses. These include aggravated assault, injuring an elderly person, disabled person, or child, abandoning or endangering a child, sexual assault, and aggravated sexual assault.

In the Punishments section of the TPC, class A misdemeanor assault carries the potential for a $4,000 fine and one year in jail.

However, you may face third-degree felony charges if the victim of the alleged assault was a police officer, security guard, public employee, or a guardian of the family court. You will also face enhanced charges if the victim was your current or former spouse, domestic partner or boyfriend/girlfriend, your roommate, or another member of your family.

If your alleged offense involved any aggravating circumstances, such as possessing a weapon at the time of the assault, you could face a second-degree felony charge.

Upon conviction for a third-degree felony, you will face a $10,000 fine and between two and 10 years in prison. For a second-degree felony, you face a $10,000 fine and between two and 20 years in prison.

What Constitutes Murder in Denton? What Penalties Will I Face?

In Title 5, Chapter 19 of the TPC, you will find the definition and punishment for a murder charge under the category of Criminal Homicide. Criminal homicide also includes the offenses of manslaughter, criminally negligent homicide, and capital murder.

The statutes define murder as causing someone’s death, knowingly or intentionally. You also commit murder if someone dies due to a physical attack or assault you committed or if someone dies while you were committing a felony, or fleeing from the commission of a felony.

Murder charges, absent any special circumstances, qualify as a first-degree felony. First-degree felony charges carry a fine of $10,000 and between five and 99 years (or life) in prison.

Capital murder charges apply in the case of murder-for-hire, multiple victims, or for killing a member of the law enforcement community. Upon conviction for capital murder, you will face a mandatory life sentence without parole. Or, if the prosecutor chooses, the state can pursue the death sentence.

How Can a Murder and Assault Lawyer Fight These Charges?

A murder and assault lawyer in Denton at the Law Offices of Randall B. Isenberg will evaluate the specific details of your case to determine the best course of action for your defense.

The good news is that, for charges of this serious nature, the prosecutor must meet a very high burden of proof to obtain a conviction. This gives us many options for building your case.

We will begin by conducting a thorough examination of the facts and evidence of your case, looking for potential violations of your legal rights or other mistakes made by the police. Our team may conduct our own investigation, including interviewing witnesses or reconstructing the crime scene.

If the police conducted an illegal search and seizure, for example, or if the police failed to properly process or retain key evidence, we may possibly use this information to negotiate with the prosecutor for a lesser charge or a dismissal of your case.

We can call on our extensive network of resources, including subject matter experts and investigators, to uncover the truth, ideally convincing the prosecution that it cannot prevail at trial.

If the prosecutor does not agree to negotiate, we can build the strongest possible criminal defense case, to represent you in court.

In court, we may pursue an argument of self-defense, the defense of others, or the defense of your property, if it appears that you had reason to believe you were in danger or that using force was necessary at the time.

Our team may use other arguments in your defense, depending on the nature of the charges and the circumstances of the case, to establish reasonable doubt in the minds of the jury.

When Should You Hire a Murder and Assault Lawyer?

You should speak to a lawyer as soon as you believe you are under investigation or suspicion, even if the state has not yet filed charges in your case.

Often, a murder and assault lawyer can intervene before the prosecutor files charges, convincing them to file lesser charges or, ideally, not to file charges at all.

To ensure the protection of your legal rights, look for a knowledgeable criminal defense attorney. Attorney Randall Isenberg has provided criminal defense representation as well as working as both a felony prosecutor and state court judge during his more than 30 years in the justice system. He understands the inner workings of the criminal justice system, and he will put that knowledge to work for you.

The Law Offices of Randall B. Isenberg provides a free consultation and case review for clients under investigation for or charged with murder, assault, or another violent crime in Denton. We will also come to you if you are currently in police custody.

Do not attempt to face this serious situation on your own. Contact us today at 214-696-9253 to talk to a Denton murder and assault lawyer.

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Facing a felony DWI conviction in Denton can lead to years or even decades in prison. Prosecutors pursue these severe charges if you have prior DWI convictions or caused an accident resulting in property damage, injury, or death.

A Denton felony DWI lawyer can defend your rights and strive to reduce or dismiss your charges. With over 30 years of experience, the Law Offices of Randall B. Isenberg offers aggressive and compassionate representation.

Contact our Denton DWI lawyer for a no-cost, no-obligation consultation to explore your options and protect your future.

What Is a Felony DWI Offense?

As your Denton criminal defense lawyer, we understand the gravity of felony drunk driving charges. Prosecutors can pursue these charges upon your third DWI offense or any subsequent offense after an intoxication manslaughter conviction. These charges carry severe penalties.

You will face felony charges if you caused an injury accident while driving under the influence. Similarly, if your drunk driving led to a fatal accident, the prosecutor will pursue felony charges. These actions have severe consequences, underscoring the need for experienced legal representation.

Driving drunk with a minor (age 14 or younger) in your motor vehicle is also a felony. This highlights the serious repercussions of endangering a child’s life while under the influence and the importance of responsible behavior. It’s important to understand your rights in DWI situations.

Will I Go to Prison for a Felony DWI Conviction?

A felony DWI conviction will almost certainly result in incarceration, with the length of time being the only variable. As a Denton criminal defense lawyer, we understand the gravity of these charges and the impact they can have on your life.

Prosecutors can pursue varying levels of felony charges:

First-Degree Felony

A first-degree felony results in the most severe penalties.

• Imprisonment: 5 to 99 years
• Fine: Up to $10,000
• Driver’s license suspension: Up to 2 years

Second-Degree Felony

A second-degree felony also carries significant penalties.

• Imprisonment: 2 to 20 years
• Fine: Up to $10,000
• Driver’s license suspension: Up to 2 years

Third-Degree Felony

Third-degree felonies result in substantial prison time and fines.

• Imprisonment: 2 to 10 years
• Fine: Up to $10,000
• Driver’s license suspension: Up to 2 years

State Jail Felony

State jail felonies involve shorter prison terms but still carry severe penalties.

• Imprisonment: 6 months to 2 years in state jail
• Fine: Up to $10,000
• Driver’s license suspension: At least 6 months

Additional Penalties

Felony DWI convictions come with numerous additional penalties.

• $2,000 annual surcharge for three years to reinstate your driver’s license.
• Installation of an ignition interlock device.
• Mandatory alcohol education courses.
• Up to 1,000 hours of community service.
• Supervised probation.

Long-Term Consequences

A felony DWI becomes a permanent mark on your criminal record, affecting your ability to:

• Gain employment
• Rent housing
• Hold a professional license
• Secure student loans

Additionally, a felony conviction results in the loss of several civil rights, including the right to vote, serve on a jury, and own a firearm.

A Denton criminal defense lawyer can provide aggressive and compassionate representation. Our experienced attorneys work diligently to defend your rights against law enforcement and prosecutors.

Will I Lose My Driver’s License for Felony DWI?

Like any drunk driving arrest in Texas, you must attend a DMV suspended license hearing for felony DWI charges to determine the status of your license. A criminal defense attorney can help you work through this process and protect your rights.

Establishing Probable Cause

When police pull you over on suspicion of drunk driving, they will try to establish probable cause for a chemical BAC test. This is typically done using field sobriety tests or a portable, roadside breath testing device.

Once probable cause is established, the police will confiscate your license and issue you a temporary driving permit.

Scheduling an ALR Hearing

To prevent the suspension of your license, you must schedule an Administrative License Revocation (ALR) hearing within 15 days. If you fail to do so, the Texas Department of Public Safety (TxDPS) will revoke your driver’s license.

The ALR Hearing

At your ALR hearing, you must provide sworn testimony regarding your alleged offense. The arresting officer must also appear and give testimony. The judge will then issue a ruling based on the evidence presented.

Post-Hearing Actions

If the judge suspends your license, your criminal defense attorney can appeal the decision or petition the court for a provisional license. This license allows you to drive to work, school, and important personal appointments.

Impact on Your Criminal History

A felony DWI conviction in Denton can severely impact your criminal history, making it essential to have experienced legal representation. Our lawyers can help you through the entire legal process and fight for your rights.

Is Probation Possible?

Yes, it is possible to be placed on probation for a DWI offense in Denton. Probation allows you to be released into the community under specific conditions instead of going to jail.

These conditions may include regular check-ins with a probation officer, attending counseling or treatment, submitting to random drug or alcohol testing, installing an ignition interlock device on your vehicle, performing community service, and obeying all laws.

Probation Conditions

If you receive probation for a repeat DWI offense, you will be required by law to serve 10 to 180 days in jail as a condition of your probation. This mandatory jail time ensures that drivers understand the seriousness of their actions and the need for compliance with probation terms.

Probation for DWI With a Child Passenger

For DWI offenses involving a child passenger, you are not automatically required to serve jail time as part of your probation. However, the judge may still order up to 180 days in jail at their discretion.

This additional condition underscores the importance of addressing the risk posed by driving under the influence of alcohol with a child in the vehicle.

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What Legal Strategies Will Your Felony DWI Lawyer Use?

A Denton felony DWI attorney from the Law Offices of Randall B. Isenberg will protect your legal rights throughout the criminal process and build a strong defense for you in court.

Reviewing Facts and Evidence

We start by thoroughly reviewing the facts and evidence in your case. Any mistakes made by the police during your arrest or in obtaining evidence can be used to negotiate with the prosecutor.

Negotiating Charges

In many instances, we can convince the prosecutor to reduce the charges or even dismiss the case. For example:

• Illegal traffic stop: If the police lacked reasonable suspicion to pull you over, we may argue the stop was illegal.
• Field sobriety testing errors: If officers did not follow proper procedures, we might argue they lacked probable cause for arrest and chemical BAC testing.

Challenging Evidence

If police did not follow protocols when testing your blood for alcohol content, we may petition the court to exclude that evidence. Successfully disallowing critical evidence can weaken the prosecution’s case significantly.

Meeting the Burden of Proof

For a felony DWI charge, the prosecutor must meet a high burden of proof. Our team will employ various legal strategies and arguments to create reasonable doubt in the minds of the jury.

This could involve questioning the reliability of field sobriety tests, the accuracy of chemical tests, or the proper use of ignition interlock devices.

Restoring Driving Privileges

We also work to restore your driving privileges, ensuring you can continue with your daily life. This may include petitioning for the installation of ignition interlock devices to allow limited driving under court supervision.

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Did You Know You Can Meet With a Felony DWI Lawyer in Denton for Free?

Attempting to fight these serious charges on your own means risking your entire future. Before you make any decisions about the next step, take advantage of the free consultation and case review offered by the Law Offices of Randall B. Isenberg.

Randall brings more than three decades of experience to the table, including time spent as a district court judge and felony prosecutor. This background and experience give us the knowledge it takes to help you fight felony DWI charges.

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In Texas, drug possession charges carry harsh penalties, including mandatory jail or prison time and substantial monetary fines. Get a drug possession lawyer in Denton on your side to protect your rights and fight for your future.

Attorney Randall Isenberg brings more than 30 years of experience and puts that knowledge and experience to work for you. In addition to his time as a criminal defense lawyer, he also worked as a chief felony prosecutor and judge. This background and insight can help him build the strongest possible case for you.

Call the Law Offices of Randall B. Isenberg today at 214-696-9253 today for help.

Will I Have to Do Time for a Drug Possession Conviction?

Even the most basic Texas drug possession charges carry a possible six-month jail term. Some of the most serious drug crimes can put you in prison for life.

Most drug crimes also carry a substantial fine — up to $250,000 in some cases.

The Texas Controlled Substances Act (TCSA) establishes a complex web of offenses and penalties, depending on the type of substance in question and the nature of the drug crime. In Denton, you could face charges for drug possession, delivery, manufacturing, or a combination of these offenses.

The TCSA categorizes different substances into groups, based on the classification of the drug. Associated charges and penalties depend on the classification and quantity the police caught you with, ranging from a Class B misdemeanor up to a first-degree felony or even federal drug possession charges.

So, without legal intervention, you can expect to go to jail or prison upon conviction of drug possession in Denton.

What Charges Might I Face If Officers Find Me with Drugs?

If law enforcement finds drugs on your person or under your control, you will face drug possession charges.

Drug possession means that you knowingly or intentionally had an illegal or controlled substance under your control. If you had drugs in your pocket, purse, or backpack, you will face possession charges. These charges also apply if you had drugs in your car, your home, or your school locker.

Depending on the amount you possessed (or whether you possessed certain instruments or ingredients commonly used to manufacture drugs), you might also face drug manufacturing or delivery charges.

Drug manufacturing charges apply to the growing, producing, or preparing of an illegal substance, or having ingredients or equipment in your possession that you could use to manufacture a drug.

Drug delivery, sometimes called drug trafficking, refers to the distributing, selling, giving, or transferring of a controlled substance to another person. Prosecutors often pursue this offense if the police caught you with a large quantity of drugs in your possession or if you had drugs packaged for sale or distribution.

Each type of charge can also include enhancements, which will make the level of charges and the associated penalties harsher. For example, using a child to commit a drug crime, having a weapon in your possession, or committing a drug crime in a school or drug-free zone can significantly increase the severity of penalties you may face upon conviction.

If you have prior drug possession offenses, you will also face more serious penalties.

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What Are the Texas Drug Possession Penalty Groups?

The TCSA categorizes controlled substances into groups. The charges you face depend on what penalty group the drug in question belongs to.

In Penalty Group 1, you will find opiates, opium derivatives, cocaine, Rohypnol, methamphetamine, PCP, GHB, and ketamine. Penalty Group 1A includes only Lysergic Acid Diethylamide (LSD).

Possession of a Group 1 or 1A substance range from a state jail felony to a first-degree felony. So, for possession of less than a gram of cocaine (penalty group 1), you will spend between 180 days and two years in state jail and pay fines up to $10,000.

In Penalty Group 2, you will find hallucinogens like mescaline, MDMA, and psilocybin (i.e., shrooms), and stimulant/depressant compounds such as Vyvanse and Adderall. In Penalty Group 2A, you will find all synthetic marijuana compounds such as Spice and K2.

Possession charges for substances in Group 2 or 2A range from a class B misdemeanor to a first-degree felony. These charges bring fines between $2,000 and $50,000 and up to life in prison.

Penalty Group 3 contains stimulant compounds like Ritalin, depressant compounds like Xanax and Klonopin, some narcotic compounds (morphine, codeine), barbiturates, peyote, and anabolic steroids.

Charges for Group 3 range from a Class A misdemeanor to a first-degree felony.

In Penalty Group 4, you will find narcotic compounds that contain limited quantities of narcotics along with medicinal treatment ingredients (such as codeine cough syrup) and other related compounds.

Charges for Group 4 range from a Class B misdemeanor to a first-degree felony.

Cannabinoids (marijuana and marijuana derivatives) fall under a different set of statutes. Charges range from a class B misdemeanor to a first-degree felony. So, upon conviction for possessing less than two ounces of marijuana, you will face a $2,000 fine and up to six months in jail.

What Legal Strategies Will My Drug Possession Lawyer Use in My Defense?

Your drug possession lawyer will work with you to determine the best approach to your case. In every case, your attorney will attempt to persuade the prosecutor to dismiss or reduce your charges.

If the prosecutor declines this request, your attorney can build the strongest possible case to defend you in court.

Some potential strategies your lawyer may use include questioning the legality of the police search and seizure at the time of your arrest. The police may not have established probable cause before they searched your home or car, for example. The police may also have mishandled evidence collected in your case.

If you qualify, your drug possession attorney may recommend that you apply for participation in Denton County’s First Offender Drug Program (FODP) or the Denton County Drug Court program. These programs provide an exceptional opportunity to get help for a possible substance abuse problem and potentially face a reduced level of penalties.

Talk to a Denton Drug Possession Lawyer Today at No Cost

The Law Offices of Randall B. Isenberg provides criminal defense for drug possession in Denton. We offer a free consultation and case review, so you can ask questions and get a better understanding of your potential options.

Contact us today at 214-696-9253 to learn more, or to schedule an appointment with a drug possession attorney in Denton.

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