Two men in the Denton area face felony drug delivery charges after law enforcement found 73 grams of methamphetamines in one man’s sweatshirt. The men were subsequently taken to Denton City Jail and charged with the manufacture and delivery of a controlled substance between four grams and 200 grams. Denton law enforcement learned that the man had planned to deliver methamphetamines to a person who lived in the 500 block of Londonderry Lane, and then saw the man arrived at the location. During a search, law enforcement found two bags with about 70 grams of methamphetamine inside one of the men’s sweatshirt. If a person in Texas provides illegal drugs to others, that person can be charged with drug delivery. Because these charges are very serious and can result in a person facing serious charges, it is important to obtain a seasoned attorney if you or are loved one is charged with this offense.
Understanding What Constitutes Delivery of Drugs
Delivery of drugs charges can be based on either actual or constructive delivery.
Actual delivery refers to situation in which one person transfers possession of an illegal drug to another person. For example, evidence demonstrating that a person performed a direct exchange with another constitutes actual activity.
Constructive delivery refers to situations in which a person who distributes the drug did not participate in the actual delivery. For example, constructive delivery refers to evidence that one person was in control of another person’s delivery of drugs. In these situations, the person who controlled the activity would be called the “principal” actor, while the person delivering the drugs would be called the “agent.” While the principal would face constructive charges, the agent would face actual charges for the delivery of drugs.
Offers to deliver drugs can also result in a person facing charges even if no physical delivery is made. To satisfy the basis for a delivery conviction, offer of a drug delivery must be corroborated with evidence from either the testimony of a witness or any other type of evidence. Offers are only analyzed in cases in which a drug delivery charge is based on an offer to sell the drug and no actual delivery occurred.
Types of Defenses to Drug Delivery Charges in Texas
There are several defenses that can be raised in response to a drug delivery charge, which include the following:
- You did not possess the drugs in question or were not aware that the drugs in question were in your possession.
- The item in question was not actually an illegal drug or you were not aware that the item in question was an illegal drug.
- Your Fourth Amendment rights were violated in law enforcement’s efforts to obtain the evidence.
Obtain the Services of a Denton Drug Crimes Lawyer
The potential penalties associated with drug delivery charges can be particularly severe. To reduce the resulting penalties or sometimes even avoid the charges altogether, it is important to obtain the assistance of a skilled criminal defense attorney. If you or a loved one faces drug delivery charges, make sure to contact Wheeler Law Office.
(image courtesy of Paul Garaizar)