Charged With a Drug Crime in Texas?
State or Federal. Possession or Conspiracy. We Fight Every Charge.
A drug charge in Texas can range from a Class B misdemeanor to a first-degree felony — and federal drug conspiracy charges can carry mandatory minimum sentences of 10 years or more. Carlo D'Angelo has defended drug cases at every level of the state and federal system for nearly three decades.
Understanding Drug Charges in Texas
Texas drug crimes are prosecuted under the Texas Controlled Substances Act and, in many cases, under federal law. The severity of the charge depends on the type of substance (organized into Penalty Groups 1 through 4), the quantity involved, and whether there is evidence of intent to deliver or distribute.
Simple possession charges can still result in serious jail time, probation, and a permanent criminal record that affects employment, housing, and professional licensing. Distribution and manufacturing charges carry dramatically harsher penalties — and federal drug conspiracy charges can implicate individuals who never personally touched a controlled substance.
Carlo D'Angelo has handled drug cases from Class B marijuana possession through federal drug trafficking conspiracies involving the DEA, FBI, and HSI. He understands how these cases are built by law enforcement — and exactly how to dismantle them.
What You're Facing If Convicted
Texas State Drug Possession (Penalty Group 1 — Cocaine, Heroin, Meth)
• Less than 1 gram: State jail felony — 180 days to 2 years
• 1–4 grams: Third-degree felony — 2 to 10 years
• 4–200 grams: Second-degree felony — 2 to 20 years
• 200–400 grams: First-degree felony — 5 to 99 years
• 400+ grams: Enhanced first-degree felony — 10 to 99 years; $100,000 fine
Federal Drug Trafficking (21 U.S.C. § 841)
• 500g–5kg cocaine: 5-year mandatory minimum; up to 40 years
• 5kg+ cocaine: 10-year mandatory minimum; up to life
• Drug conspiracy (21 U.S.C. § 846): Same penalties as the underlying offense — no personal possession required
Collateral Consequences
• Loss of federal student loan eligibility
• Deportation for non-citizens
• Loss of professional licenses (nursing, law, CDL, teaching)
• Asset forfeiture — vehicles, cash, property
The federal system is particularly unforgiving. Mandatory minimums remove judicial discretion, and prosecutors use them as leverage to compel cooperation. Having an attorney with genuine federal trial experience is not optional — it is essential.
How Carlo Defends Drug Cases
Fourth Amendment — Illegal Searches and Seizures
The most powerful tool in drug defense is the Fourth Amendment. Law enforcement must have either a valid warrant, consent, or a recognized exception to conduct a search. Carlo scrutinizes every traffic stop, consent search, controlled buy, and search warrant for constitutional violations. If the search was unlawful, the evidence is suppressible — and without the drugs, the case collapses.
Challenging the Chain of Custody
Drug evidence must be properly collected, sealed, stored, and tested. Any break in the chain of custody creates reasonable doubt. Carlo requests full laboratory documentation and, when warranted, retains independent forensic chemists to challenge the state's analysis.
Attacking Confidential Informant Testimony
Many drug cases are built on the word of confidential informants with criminal records and deals to cut. Carlo aggressively challenges informant credibility, investigates their backgrounds, and forces the government to expose its informants where constitutionally required.
Federal Conspiracy Defense
Federal drug conspiracy charges are broad — the government only needs to prove an agreement to commit a drug offense. Carlo examines the scope of the alleged conspiracy, challenges whether his client knowingly joined it, and contests the drug quantities used to calculate sentences under the Federal Sentencing Guidelines.
Negotiating Substantial Assistance and Downward Departures
When the evidence is strong, Carlo evaluates all available options under the federal sentencing framework — including cooperation agreements, safety valve relief, and motions for downward departure — to minimize exposure for his clients.
Frequently Asked Questions About Texas Drug Charges
Q: Can I get a drug charge dismissed in Texas?
Yes — dismissal is possible through suppression of illegally obtained evidence, successful challenges to the state's proof, prosecutorial discretion, or completion of a diversion program. The specific path depends on the facts of your case. Call Carlo before making any decisions about how to proceed.
Q: What is deferred adjudication and can I get it for a drug charge?
Deferred adjudication is a form of probation in which the court defers a finding of guilt. If you complete the probation terms, the case is dismissed — though the arrest record remains. It is available for many drug offenses in Texas, but not all. First-degree felony drug charges, repeat offenders, and cases with aggravating factors may not qualify.
Q: What's the difference between a state drug charge and a federal drug charge?
State drug charges are prosecuted under Texas law in state court. Federal drug charges — typically involving larger quantities, trafficking across state lines, or federal investigations (DEA, FBI) — are prosecuted in federal court under federal law, which includes mandatory minimum sentences and the Federal Sentencing Guidelines. Federal sentences are almost always longer and harder to reduce.
Q: Can the police search my car without a warrant?
Under the automobile exception, police may search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime. However, the probable cause standard must actually be met — and pretextual stops and fishing expeditions are challengeable. Carlo evaluates every traffic stop for Fourth Amendment violations.
Q: What happens to my assets if I'm charged with a drug crime?
Civil asset forfeiture allows the government to seize property alleged to be connected to drug crimes — including cash, vehicles, and real estate — often before any conviction. Fighting forfeiture requires a separate legal process. Carlo handles both the criminal defense and the asset forfeiture challenge.
A Drug Conviction Can Follow You for Life. Fight It Now.
Carlo D'Angelo has been defending drug cases in Texas state and federal courts for nearly three decades. From possession to conspiracy, he knows how to build a defense that wins.