No one wants a drug charge on their record, but since federal and state drug policies differ, many people have unintentionally broken rules about drug possession and distribution. If you’re wondering what to do if you or someone you know has been arrested for drug possession or dealing, here are the facts regarding bail for drug charges in Texas.
Defenses for Drug Charges
There are some common and unfamiliar defenses for a person who was charged for possession of drugs. Whether they intended to use the drugs themselves or had the intent to sell, a criminal defense attorney will do their best to defend their case. Here are some of the defenses they will use.
Drugs Belong to Another Party
A common defense used in drug charges and even other offenses is to have the defendant deny they were guilty. The argument in this case would be that the drugs did not belong to the defendant, or that they had no idea the drugs were on their property. A skilled defense attorney may pressure prosecutors to prove that the drugs found belonged to their client/defendant.
Another possible defense is that the drugs are missing from the evidence locker. Drugs that are seized from criminals are often transferred several times before they are filed in the evidence locker, so the court will never assume that the evidence is there without proof.
Law enforcement officials are allowed to set up sting operations. However, when officers or informants lure an individual to commit a crime that they would not have committed without their influence, an argument could be made that the defendant was entrapped. This is especially the case if the officials provide the drugs in question.
Medical Marijuana Exception
In states where medical marijuana has been legalized, a case could be brought forward that the defendant’s possession was justified. These states require a doctor’s signed recommendation; however, sometimes a letter of recommendation from a doctor can help with the defense if the defendant can show clear and convincing evidence of the medical need for the drug.
What Is Considered during a Pending Drug Charge Bond?
Some courts in Texas will create a bond that is twice as high as the cost of the drugs in question (street value). This move, although it meets the high bond requirement, is easily appealed by a defendant. Most courts will take several aspects into consideration to determine the appropriate bail amount for an individual’s drug charge. Some of these factors include:
- How severe the offense is and the circumstances under which it was committed
- The potential risk to any victims or members of the community involved if the defendant is released on bail
- The defendant’s record of employment
- The defendant’s criminal history
- The drug’s classification under five categories
- Geographic location of distribution
- If the drug was offered to minors
- How well the defendant has complied with previous bond requirements
Is There a Criminal Difference between Holding Drugs and Actively Dealing?
Regardless of whether the defendant was caught holding drugs or delivering them on the streets, the law will come down hard on the defendant. The punishment of someone convicted of any drug-related crime can range from two to 20 years in prison, including fines of up to $10,000. The law takes drug possession and distribution very seriously, so getting help from a bail bondsman as quickly as possible is vital to helping you reduce your sentence or be relieved of your charges.
If you are caught with one to four grams of drugs in your possession, you will face a second-degree felony. However, depending on the type of drug you were caught with, and the location you were found with it (e.g. near a school) the penalties could be even higher.
How Can I Get Bail for a Drug Crime?
Bail bonds are available for drug crimes, such as if you are arrested for drug possession or distributing it on the streets. However, if you are caught for drug trafficking, your bail will be set much higher, reaching upwards of $250,000. You won’t need to come up with the full amount, but you will need to post 10% to 20% of the bond, which is still a substantial amount.
If this is a repeat offense, you could be faced with even higher bond amounts to reduce the chances that you will become a flight risk. Bail amounts for drug charges are so high to discourage these crimes from being repeated. Some defendants can try to appeal for a lower amount, but there is no guarantee it will be approved. Some bail bondsmen will require the defendant to check in regularly to ensure that they haven’t violate the terms of the agreement. If the defendant does not show up at court for their trial, a bounty hunter may be sent out to recover the full bail amount from them.
How PCS Bail Bonds Can Help
If you’ve been arrested and charged with the possession of illegal substances, you may be seeking bail bonds in Texas. At PCS Bail Bonds, our skilled bail bondmen can help you get out of jail quickly, so you can defend your rights and have a fair chance of reducing your sentence or having the charges dropped against you. The bail bond process is extremely valuable in these cases because of how serious the law takes drug crimes.
We have professional memberships in several renowned associations including the Professional Bondsmen of Texas, Tarrant County Bar Association, and Professional Bondsmen of Tarrant County. We serve clients in Fort Worth, Texas, and other municipalities in Tarrant County. We process our clients’ requests quickly and efficiently. Our bond agents are always on call and we can be down to the jail in under 30 minutes.
Contact us now by phone at 817-335-1655, at our e-mail, visit in-person, or fill out our bail bond request form. You can be confident that you’re working with experts who are dedicated to helping you.