What are Drug Crimes in Fort Worth, Texas?

Drug Crimes in the City of Fort Worth refer to illegal handling or usage of controlled substances, including:

Possession: under Texas law, drug possession means that the controlled substance was under the care, custody, control, or management of the suspect. The court can find someone to be in possession of drugs even if they do not have it on them. It is sufficient that the drug is stored in a place that the person controls or manages, and the person is aware of it. Such a situation is typically known as constructive possession. 

Distribution or delivery: it is a crime in Fort Worth to transfer controlled substances to someone else, including selling the drug. Delivery can be actual or constructive. Actual delivery occurs when the accused transfers or offers to sell drugs to someone else. Meanwhile, constructive delivery does not require a physical handing-over of the drug to another person. Simply facilitating the transfer of the drug to another person can qualify as constructive delivery.  

Possession with intent to manufacture or distribute: per Texas laws, to manufacture means to produce, prepare, compound, convert, or process a controlled substance other than marijuana. Typically, the cultivation of marijuana in Fort Worth is not considered manufacturing. Instead, it is charged as drug possession. However, producing synthetic marijuana can result in a manufacturing charge.

Drug paraphernalia: this charge results where a person possesses, manufactures or delivers anything that generally facilitates the growth, manufacture, creation, or use of illegal substances and is intended for such purpose. Section 481.002 (17) of the Texas Controlled Substance Act lists items that can fall under this category. 

Drug-based DWI: DWI means driving while intoxicated, that is, under the influence of alcohol, prescribed drugs, over-the-counter drugs, or illegal substances. Driving includes operating a motor vehicle, boat, or aircraft. 

Conspiracy to commit a drug crime: it is a crime for two or more people to conspire to commit a drug crime in Fort Worth. To prove a conspiracy to commit a crime, the prosecutor has to prove:

• The existence of an agreement or plan to violate state or federal drug laws.
• The defendant was aware of the agreement and intended to participate in the scheme.
• The conspiracy was set in motion or further along by an act of the defendants or their co-conspirators.

Illegal handling of drugs in Fort Worth is criminalized both under the Texas Controlled Substances Act and federal laws. However, while Texas law governs drug crimes in all cities in the state, including Fort Worth, federal laws majorly focus on drug crimes committed across state borders.  Irrespective of which laws apply in a particular situation, drug charges in Fort Worth can be very serious. A conviction carries severe consequences, including lengthy incarceration and fines. However, accused persons can avoid these consequences by hiring a qualified drug-crime lawyer who can help them obtain an acquittal, dismissal, or diminished punishment. Drug crime attorneys understand the state laws and court system and can provide helpful direction and representation to enable the accused to get the best possible outcome in a drug crime charge. 

What are the Penalties for Drug Crimes in Fort Worth?

Penalties for drug crimes in Fort Worth depend on various factors, including the type of activity, drug, and the quantity involved. Drug crimes are treated very seriously in Fort Worth, and most of them are felony offenses. 

For the purpose of criminalization, the Texas Substance Control Act classifies drugs into seven groups, namely: penalty group 1, penalty group 1A, penalty group 1B, penalty group 2, penalty group 2A, penalty group 3, and penalty group 4.

Examples of substances that fall within each category include:

• Penalty group 1 drugs: Opiates; Opium derivatives such as codeine compounds and heroin; Opium poppy and poppy straws; Cocaine; Methamphetamine;  and Ketamine.
• Penalty Group 1A drugs: Lysergic Acid Diethylamide (LSD)
• Penalty group 1B drugs Fentanyl, Alphamethylfentanyl, and any other derivative of fentanyl.
• Penalty group 2 drugs:  Hallucinogenic substances; Phenylacetone; Depressant/stimulant compounds not listed elsewhere; Vyvanse; Quaalude; and Compounds derived from 2-aminopropanal.
• Penalty Group 2A drugs: Synthetic chemical compounds imitating the effect of natural cannabinoids
• Penalty group 3 drugs: Compounds containing stimulants; Compounds containing depressants; Nalorphine; Compounds containing limited quantities of narcotics; Peyote; Dextropropoxyphene; and Anabolic steroids not exempted.
• Penalty group 4 drugs:  Compounds that contain a limited amount of narcotics, including non-narcotic active medicinal ingredients; Compounds containing Buprenorphine or Butorphanol; and Compounds containing pyrovalerone.

In addition to these penalty groups, the law also provides for crimes relating to marihuana and other miscellaneous substances. 

Below is a table of criminal punishments for common drug crimes in Fort Worth.

Texas laws also criminalize aiding another person to commit a drug crime, transfer of precursor for unlawful manufacture, transfer of chemical laboratory apparatus with the knowledge that recipient will use it to unlawfully manufacture a controlled substance, as well as financial transactions intended to further drug offenses. Also, note that the punishments for drug crimes in Fort Worth are enhanced if the offense involves certain circumstances, including if the offender engages or uses a child to commit the offense, delivery of drugs to a designated drug-free zone, or causing death or serious bodily injury while manufacturing or delivering a controlled substance.

What Percentage of Crimes are Drug-Related in Fort Worth?

The National Drug Intelligence Center considers Fort Worth one of the most significant areas for trafficking and abuse of controlled substances, including cocaine, methamphetamine, marijuana, and heroin. According to the Fort Worth Police Department,  the city experienced a total of 165.67 drug crimes per 100,000 residents in 2020, excluding DWIs. These drug crimes constitute roughly 3% of the city’s total crime count within the same period. Compared to the previous year's statistics, drug crimes in Fort Worth dropped significantly by 45.4%. As of the third quarter of 2021, the city has already recorded a total of 1,851 drug crimes within its jurisdiction. The Fort Worth Police Department also recorded 934 DWI incidents in the city through the same year.

How Many Prisoners are in Jail for Drug-Related Crimes in Fort Worth?

According to statistics provided by the Texas Office of Court Administration, between 2010 and 2021, District and Statutory Courts in Tarrant County sentenced 3,429 persons to prison for drug sale and manufacture, 5,029 for drug possession, and 2,409 for felony DWI in cities in the county, including Fort Worth. These drug sentences constitute about 30% of the county's total sentence for felony cases. 

Notably, the NDIC marks Fort Worth as one of the primary illegal drug distribution and transshipment centers and markets in North Texas. Unsurprisingly, in 2004, Tarrant, Fort Worth’s home county, recorded 44 methamphetamine laboratory seizures. The county closest to Tarrant is Dallas, with 14 seizures. 

Fort Worth Drug Crime Lawyer

Persons facing drug charges in Fort Worth can get the best possible outcome from their case by engaging the services and representation of a competent drug crime attorney. A drug crime attorney understands the city’s laws and legal system and can assist the accused in conducting their case, including the relevant paperwork and court practices, to avoid errors. Likewise, such lawyers can critically analyze the circumstances of a case, including search, arrest, and seizure, to determine justifiable doubts in the prosecution’s case and argue applicable defenses to the charge. Finally, if a drug charge results in a conviction, a drug crime lawyer can also be essential in negotiating reduced punishments or alternative ways of settling the charge through a plea bargain. 

How to Beat Drug Crime Charges in Fort Worth

Depending on the circumstances of a case, a Fort Worth drug crime attorney would usually deploy certain defenses to a drug charge which may include: 

• Miranda right violation: this right is protected under the Fifth Amendment to the U.S. Constitution. It allows a person to decide whether or not to respond to police interrogation. Before commencing questioning of any suspect, law enforcement officers are statutorily required to inform such a suspect to the right. Evidence gotten from an interrogation that violates this provision may not be admissible before a law court. 
• Illegal search and seizure: the 4th Amendment to the U.S Constitution protects individuals from illegal search and seizures. Therefore, police officers are constitutionally mandated to act reasonably and follow certain procedural rules when searching a person and seizing property. Generally, a search warrant is usually required, and an officer may not exceed the scope of the warrant. Evidence obtained during an illegal search may not be admissible for a drug charge in Fort Worth. However, the police may rely on evidence found in plain sight.
• Lack of knowledge or intent: for a drug possession charge to be successful, the prosecution must prove beyond reasonable doubt that the accused performed the illegal acts intentionally and with the knowledge that they are handling a controlled substance. As such, it is a defense that the accused was not aware that there was a drug in their possession; hence, they did not intend to possess controlled substances. For example,  or instances where the drugs were maliciously planted on the defendant. This defense also covers instances where the person was in actual possession of the drugs but did not know that it was a controlled substance. 
• Prescription for the Drugs: a person can defeat a drug charge by showing that the drugs found in their possession were prescribed by a doctor or pharmacist. To rely on this defense, the defense side may have to provide a valid prescription addressed to the accused.  
• The status of the drugs examined: the defense may argue that the substances found on the accused do not fall within any of the penalty groups and miscellaneous drugs under the Texas Controlled Substances Act. The court may order laboratory analysis of the substance to determine its actual contents. 
• Unreliability of evidence: the defense may argue against the admissibility of evidence not properly stored or may have been tampered with. The court may prevent the prosecution from relying on such evidence.
• Entrapment: the court may not convict the defendant if it can be proven that the defendant was coerced or illegally induced into committing the acts that constitute the drug charge. 

Besides the defenses mentioned above, a drug defense attorney may also help an accused negotiate reduced sentences or alternative punishments under several programs provided by Tarrant County, including:

• First offender drug program: this is available to first-time offenders of certain drug crimes. In addition to the requirement of being a first-time offender, applicants must also not have any pending case for offenses other than Class C misdemeanors.
• Deferred prosecution program (DPP) is available for persons aged 17 and 24 to rehabilitate themselves without getting a criminal conviction. An applicant must not have been previously convicted or supervised for a Class B misdemeanor offense or above. 

Note that each program has its advantages and disadvantages. A competent attorney would be able to clarify all of these to the accused persons and advise them on the best option to opt for.