A MAN/DEL charge can take decades of your life. The State still has to prove every element.
Texas charges manufacture and delivery as if the case were already decided. It is not. We have had first-degree MAN/DEL charges dismissed, reduced to misdemeanors with deferred probation, and taken to trial, where a jury found our client not guilty on the MAN/DEL count in a first-degree fentanyl case.
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Possession is a charge. Delivery is a different life.
The distance between possession and manufacture or delivery is the distance between a probation conversation and a prison conversation. A first-degree MAN/DEL conviction can reach life in prison, and prosecutors routinely build the delivery allegation from inference: the amount, the packaging, the cash, the text messages. You can face a delivery charge without anyone claiming they saw you sell anything.
The conviction outlasts the sentence. A felony drug record surfaces in every employment and housing background check, threatens professional licenses and certifications, and can suspend your Texas driver’s license even when the case had nothing to do with driving. For anyone without citizenship, drug convictions sit in the least forgiving category in immigration law. One disposition can close that door permanently.
None of that is decided yet. A drug case rests on a search, a lab report, and an inference about intent, and each one can be tested. We have had a second-degree MAN/DEL dismissed on a 508 motion and a felony possession case reduced to a class C after a motion to suppress. The earlier we get the file, the more of it we can attack.
The State’s case is a chain: the stop, the search, the lab, the inference.
We test every link. When one fails, the charge that depends on it can fall from a first-degree felony to nothing at all.
The search
Most drug cases begin with a search, and searches have rules. We examine the stop, the warrant, the consent claim, and everything the officers did between the first contact and the seizure. A motion to suppress won us a reduction from felony possession to a class C. When the evidence goes, the case usually goes with it.
The delivery allegation
Intent to deliver is an inference, not a fact, and inferences can be contested. We took a first-degree fentanyl MAN/DEL to trial and the jury rejected the delivery count, finding our client not guilty on MAN/DEL. The difference between that verdict and a first-degree conviction is measured in decades.
The lab and the weight
Texas charges by the weight of the entire mixture, not the pure substance, so the lab work decides the punishment range. We scrutinize the testing, the analyst, the chain of custody, and how the State arrived at its number. A weight that does not hold up can drop the charge an entire degree.
A real trial posture
Prosecutors price their offers on whether your lawyer will actually try the case. We prepare every case for trial, and our quote includes trial fees, so the decision to fight never turns on money. Four first-degree MAN/DEL charges against one client were dismissed after we set the case for trial.
Drug charge results.
Outcomes from our possession and MAN/DEL case files: dismissals, reductions, and a trial verdict.
- Dismissed MAN/DEL of a controlled substance, second-degree felony 508 motion
- Dismissed Four first-degree MAN/DEL charges, dismissed after we set the case for trial
- Not guilty First-degree fentanyl MAN/DEL, not guilty on the MAN/DEL count Trial
- Reduced First-degree MAN/DEL reduced to a misdemeanor, deferred probation
- Deferred First-degree MAN/DEL, deferred probation
- Reduced Felony possession of a controlled substance reduced to a class C Motion to suppress
Past results do not guarantee future outcomes. Every case depends on its own facts.
Drug Charges (Possession & MAN/DEL): the questions clients ask first.
Am I going to prison for a MAN/DEL charge?
The drugs were not mine. Does that help me?
The police searched my car without a warrant. Can the evidence be thrown out?
I never sold anything. Why am I charged with delivery?
The call is free. Waiting is not.
Evidence goes stale, witnesses move, and deadlines pass whether you have hired a lawyer or not. The earlier we start, the more we can do.
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