Manufacturing and Delivery of a Controlled Substance
What you should know about manufacturing and delivery of a controlled substance charges in San Antonio and Bexar County
If you are arrested and charged in a larger state case for possession of a controlled substance, many times the charge is listed as “Manufacture or Delivery of a Substance” along with the Penalty Group it belongs in. In Texas, depending on which drug is involved, different penalties are assessed based on which group the drug falls under.
Texas places great emphasis on pursuing defendants in these types of cases because law enforcement agents know that the key to shutting down drug rings is to target suppliers and producers. It is a much more effective strategy than going after small-time dealers and individual users. That means anyone who might possibly be manufacturing or delivering controlled substances is a prime target of zealous law enforcement efforts.
In actuality, the District Attorney who charges you will most likely charge you with Possession with Intent to Delivery, Delivery or Manufacturing of a Controlled Substance. Any of these three charges are equally serious and the extent of punishment will also depend on the total weight involved. In Texas, no distinction is made between delivering drugs to someone or selling drugs, it’s irrelevant whether there is an exchange of money involved or not.
Because this is considered a drug-dealing charge, sentences can range up to life in prison and fines of up to $250,000 under the Texas Controlled Substances Act.
To help a defendant avoid a conviction and sentencing in a manufacturing or delivery case, there are several possible ways a defense attorney can attack the merits of the state’s evidence.
It is possible to challenge the state’s identification of the defendant as the person who made the delivery. The credibility of any confidential informants used against a defendant can also be challenged. In most cases, a good defense attorney will always take a look at the nature and legality of any police searches in the case to determine whether or not Fourth Amendment protections against unreasonable search and seizure were violated.
The key to having the highest probability of winning your case is to mount a defense as early as possible so that you don’t make any mistakes that could be used against you later on.
For more information on the manufacture and delivery of a controlled substance in Texas, go here.
The Law Office of Derek W. Emmons serves clients in San Antonio and surrounding Texas communities.