Delivery of a Controlled Substance
Delivery case are not the same as PCS WID cases. Here, there is an extra act that is undertaken which differentiates these cases from PCS WID cases. As such, they are treated differently in terms of punishment. Most of these cases are made during “buy and bust” stings.
Your case may be one where the “jump out boys” got you. As a former drug prosecutor, I have been on many ride-alongs with the HPD Narcotics and Tactical Divisions. I have seen first hand how these stings are put in place and orchestrated. I am intimately familiar with the things that do not make it in the offense report, but nevertheless happened during the course of and leading up to your arrest.
Important Distinctions – actual delivery need not take place!
In the State of Texas, actual delivery of the drugs does not need to take place in order to be charged with a delivery case. Many times clients in this situation incorrectly assume that an actual delivery needs to take place before they can be charged with a delivery case. This is not accurate. Mere preparation and an agreement to sell a controlled substance and the possession of that narcotic alone will suffice to be charged with delivery. Whether or not the actual delivery was officially consummated is immaterial for purposes of being charged with this offense.
Controlled buys are a large source of delivery cases. The most common of which is when the narcotics task force uses marked currency (they take down the serial numbers of the bills before they use them) to make a buy. They use undercover officers to make the buy and they then have marked units with uniformed police officers rush the scene of the buy or pull the suspect over. Once they are in custody they retrieve the money from them and match the serial numbers with the serial numbers they previously wrote down to prove the drug dealing suspect has the money they police officer gave him.
In addition to the drugs the officer was able to “score” off of the suspect, they now have proof that the money that was used to buy those drugs was the original money that was documented in evidence before the deal went down.
Use of Confidential Informants as a means to charge:
For larger controlled buys, law enforcement will typically use confidential informants, or CIs to help them make a case on a suspected drug dealer. Use of a CI could be a big advantage later on in your case, however.
In these cases, the government typically is forced to reveal their CI before or during the subsequent jury trial. In cases where they do not want to burn their CI they are forced to dismiss the case.
It is for this reason, among many others that you have to employ a drug defense lawyer who isn’t afraid to try these cases and be willing to go the distance in your case. You have a lot to lose if you are going to plead guilty and accept whatever amount of prison time they offer just because you didn’t hire the right lawyer.
Call Greco Neyland, PC today, and speak with Jeff Greco to see how we can help you out on your drug case today!
Punishment for kilo+ cases in Harris County:
It is a well-known policy that in Harris County, any delivery of a kilo or more case will result in an offer of 15 years in TDC offer and nothing less. In Texas the punishment range for delivery of a kilo is 15-life. However, you can also qualify for probation if your criminal history, or lack thereof, allows.
Yet they will not even offer that to someone who has never been arrested before this in their life. This is important to understand, because you absolutely have to have a drug defense lawyer on your side that will fight for you and not allow the government to waltz into court and slam you with 15+ years in prison while your lawyer stands there and does nothing to try to help you.