SAN ANTONIO DRUG CRIMES ATTORNEY – POSSESSION AND DELIVERY OF HEROIN

Heroin possession is treated severely under Texas law. The penalties depend on the amount of heroin in possession.

1. Less than 1 gram: State jail felony, punishable by six months to 2 years in a state jail, and fines up to $10,000.
2. 1 to 4 grams: Third-degree felony, with a sentence ranging from 2 to 10 years in prison and fines up to $10,000.
3. 4 to 200 grams: Second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
4. 200 to 400 grams: First-degree felony, with penalties ranging from 5 to 99 years or life imprisonment and fines up to $100,000.
5. More than 400 grams: Enhanced first-degree felony, with a minimum of 10 years up to life imprisonment and fines up to $100,000.

At the Law Offices of Patrick L. Hancock, our San Antonio criminal defense lawyer has extensive experience in handling heroin possession cases. If you're facing charges, having a knowledgeable drug crimes attorney is crucial in navigating these complex legal waters.

If you believe you were set up or the heroin was planted, it is essential to communicate this with your drug defense lawyer immediately. Your criminal attorney can investigate the circumstances of your arrest, challenge the validity of the evidence, and question the credibility of law enforcement's actions.

Some strategies include:

• Examining surveillance footage: To determine if there is video evidence supporting your claim.
• Interviewing witnesses: To gather testimony that may contradict law enforcement's version of events.
• Challenging the chain of custody: To ensure the heroin presented as evidence is indeed the same substance allegedly found on you.

At the Law Offices of Patrick L. Hancock, we understand the seriousness of these allegations and work diligently to uncover the truth. Our drug crime lawyers are dedicated to defending your rights and ensuring that justice is served.

Cooperating with law enforcement in a drug crime case may lead to a reduced sentence, but it is not guaranteed and must be approached with caution. Discussing cooperation without a criminal lawyer could result in unintended consequences, including self-incrimination.

Considerations when cooperating include:

1. The value of the information provided: Law enforcement may offer leniency if the information leads to further arrests or the dismantling of larger drug operations.
2. Timing of cooperation: Early cooperation can sometimes result in more favorable outcomes.
3. Legal advice: Always consult your San Antonio criminal law attorney before agreeing to any cooperation to ensure your rights are fully protected.

The Law Offices of Patrick L. Hancock can guide you through this complex process. Our experienced drug offense attorneys will negotiate on your behalf and work to achieve the best possible outcome.

To convict someone of heroin possession or delivery, the prosecution must provide clear and convincing evidence that links the defendant to the drugs. This includes:

• Actual possession: The heroin was found on your person.
• Constructive possession: The heroin was found in a place you control, like your vehicle or home.
• Intent to deliver: This could involve large quantities of heroin, packaging materials, scales, or large sums of money.

In delivery cases, evidence might also include:

• Undercover operations: Testimony from law enforcement officers involved in the operation.
• Recorded transactions: Audio or video evidence of the delivery.

Our San Antonio criminal law attorney at the Law Offices of Patrick L. Hancock will scrutinize the evidence, challenge the prosecution's case, and develop a robust defense strategy tailored to your situation.

In Texas, expungement of a drug possession charge is possible under specific conditions, but it's not available to everyone. You may be eligible if:

1. The charges were dismissed: If your case was dismissed without a conviction.
2. Acquittal: If you were found not guilty at trial.
3. Completion of a diversion program: Certain first-time offenders may have their charges dismissed after successfully completing a diversion program.

However, felony drug possession convictions generally cannot be expunged but may be eligible for a record sealing through an order of nondisclosure under certain circumstances.

If you're seeking to clear your record, the Law Offices of Patrick L. Hancock can assess your eligibility and guide you through the expungement process. Our drug crime lawyers are committed to helping you move forward with a clean slate.