Killeen Traffic Stop Nets Several Pounds of Drugs

A recent traffic stop in Killeen resulted in the seizure of several pounds of drugs and two arrests, per 6 News.

According to the publication, a routine traffic stop netted “3.4 lbs. of methamphetamine, 4.2 lbs. of marijuana, 14.3 grams of ecstasy, 8.12 grams of cocaine, 16.74 grams of fentanyl (M30 pills), 5.64 grams of alprazolam and one handgun.” Police were assisted by a K9 Unit. A passenger attempted to flee on foot but was later apprehended. Both the driver and passenger were taken to the Killeen City Jail.

What types of charges might they be facing?

Although law enforcement has stated that charges are still pending, we imagine they will be severe. Texas takes drug crimes seriously and the more drugs one is carrying, the stronger the penalties. We can take a look at some of our state’s drug laws to get an idea.

With the amount of drugs seized at the traffic stop, authorities will likely charge the defendants with a range of penalties, including possession of a controlled substance, possession with intent to distribute, and drug trafficking. Trafficking in particular carries significant penalties and can result in lengthy prison sentences.

The types of drugs also matter. The Texas Controlled Substances Act classifies drugs and controlled substances into four distinct penalty groups, which prosecutors then use when assigning punishments to criminal drug offenses.

Several of the drugs found fall into Penalty Group I, which includes drugs like heroin, methamphetamines, codeine, methadone, morphine, oxycodone, oxycontin, stimulants, speed, hydrocodone, GHB, ketamine, Special K, and cocaine. Penalties for conviction of a Group I drug crime can range from:

• 180 days to two years in jail and a $10,000 fine
• Up to life in prison (for possession of 400 grams or more) with fines up to $300,000

The ecstasy falls under Penalty Group II, which includes substances like psilocybin, cathinone, magic mushrooms, bath salts, MDMA, and other hallucinogens. Penalties for conviction can range from:

• 180 days to two years in jail
• Up to life in prison (for possession of 400 grams or more) with fines up to $50,000

If something like this happens to you, it is imperative you have an attorney on your side to tenaciously fight the charges against you.

What are the possible defenses against felony drug charges?

Facing felony drug charges are a serious and challenging situation. However, there are several possible defenses that our skilled Killeen criminal defense attorney can use to protect your rights and potentially mitigate or dismiss the charges. Some common defenses against felony drug charges include:

• Violation of Constitutional rights. The Fourth Amendment protects you from unlawful search and seizure. If your body, your car, or your home was searched without probable cause (or without a warrant) we may be able to have this evidence suppressed, and your charges dropped. Or, if your constitutional rights were violated during the arrest or investigation, such as denial of Miranda rights or the right to an attorney, the court may exclude evidence obtained as a result.
• Non-possession. You cannot face possession charges if you did not possess the drugs, control the drugs, or have access to the drugs. Whether it’s a matter of showing that, under the letter of the law, you were not in possession of a controlled substance, or showing that you were incorrectly identified as having drugs, we can help.
• Mistakes in the chain of custody. For evidence to be admissible in court, it must be properly handled and preserved. If there are issues with the chain of custody of the drugs or evidence, such as problems with the lab analysis, errors made in timelines, or negligent contamination by law enforcement, it may render the evidence inadmissible.
• Entrapment. Law enforcement (or any government agent) cannot “originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” If law enforcement officers induced or coerced you into committing a drug-related offense that you would not have otherwise committed, we can argue that you were entrapped into committing a crime, and therefore cannot be charged with one.
• Lack of intent to distribute. In cases where the prosecution alleges intent to distribute, you may argue that the drugs were for personal use and not meant for sale or distribution. This is important because depending on the amount and type of drugs, we may be able to have any felony charges thrown out or reduced.
• A valid prescription. If you are charged with a drug crime related to prescription drugs, and you have a valid medical prescription from a licensed healthcare provider, it could be a valid defense against your charges.

Make no mistake; only a qualified attorney should assert these defenses on your behalf. If you are facing felony drug charges, it is crucial you get an experienced Killeen drug crimes lawyer on your side as soon as possible. The sooner your lawyer starts working on your case, the better your chances for a successful outcome.

If you’re facing drug charges, talk to Mary Beth Harrell Law Firm today. We provide quality criminal defense to clients throughout Central Texas and we want to help you, too. To schedule a free case evaluation, call us or fill out our contact form. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.