A misdemeanor or felony drug charge can affect good people in life-changing ways, including loss of jobs or college, military, and vocational opportunities. A conviction or even a probated sentence can leave a permanent stain on a person’s criminal history. Fortunately, a good attorney can often help mitigate or completely eliminate these and other consequences.
There are many questions to consider in analyzing a situation where someone is charged with drug possession or distribution:
With more than 30 years of criminal experience and 300 trials between us, Messina Madson and Kendall Castello know how to analyze and defend these kinds of criminal prosecutions. We know the issues involved as well as many of the prosecutors and judges.
As First Assistant and Administrative Chief for the Dallas County District Attorney’s Office, Messina and Kendall helped build and implement the nation’s largest DA-led diversion program, which offers expunction or non-disclosure to many offenders who complete state rehabilitation requirements. They know the options available to deal with an allegation and keep it off their clients’ records.
Madson Castello, PLLC, is committed to providing extensive, personalized attention to every client. Unlike law firms that depend upon high volumes of cases, we choose to work with few clients for exceptional results. We use our extensive experience as both prosecutors and criminal defense attorneys to zealously fight for our clients. If that sounds like what you are looking for, we are an ideal firm.
Drug offenses can range in severity from a class C misdemeanor (the lowest level criminal offense) to an enhanced 1st degree felony (the highest-level criminal offense short of capital murder). The level of offense charged is based on three factors:
Since there are so many types of drugs and different weights, the examples below are only a sample of the types of offenses that can fall under an offense level. Common drugs types charged include: marijuana, opioids, heroin, PCP, methamphetamine, ice, cocaine, crack, LSD, various prescription drugs, and many more.
Possession of Drug Paraphenalia
Possession of Marijuana – 2 ounces or less
Possession of Marijuana – More than 2 ounces but less than 4 ounces
Possession of a Controlled Substance – Less than 1 gram
Manufacture or Delivery of a Controlled Substance – Less than 1 gram
Possession of a Controlled Substance – 1 gram or more but less than 4 grams
Possession of a Controlled Substance – 4 grams or more but less than 200 grams
Manufacture of Delivery – 1 gram or more but less than 4 grams
Possession of a Controlled Substance – 200 grams or more but less than 400 grams
Manufacture or Delivery of a Controlled Substance – 4 grams or more but less than 200 grams
Possession of a Controlled Substance – 400 grams or more
Manufacture or Delivery of a Controlled Substance – 200 grams or more but less than 400 grams
Manufacture or Delivery of a Controlled Substance – 400 grams or more
When you are accused of a criminal offense, nothing speaks louder than the results an attorney earns. Here are a few examples of results we have received in recent cases:
Manufacture and Delivery of a Controlled Substance – Police called when unknown individuals enter client’s home to steal drugs and assault him badly. By showing lack of criminal record and former military service where client was injured, prosecutor agreed to reduce the charge to possession and admit client into diversion program.
Manufacture and Delivery of a Controlled Substance – By demonstrating client’s fiancé was the actual dealer, charge reduced to possession of a controlled substance. Prosecutor agreed to allow client into a diversion program. Case dismissed and expunged.
Possession of Marijuana – Teenage client with no record and plans to enter military in about a month. Negotiated an immediate dismissal to allow for his joining the military.
Manufacture and Delivery of a Controlled Substance – Client holding a backpack for friend who was a drug dealer. Verified that client was not the drug dealer and demonstrated that he only used marijuana. Case indicted as a possession of a controlled substance case and client allowed into diversion program. Case dismissed and expunged.
Possession of a Controlled Substance – Intervened for client with police by giving further explanation of events that led to arrest and proof of clean drug tests. Police did not file case with the DA’s office.