What Drug Charges Does Herman Martinez Defend in Houston?
Herman Martinez defends every drug charge category under the Texas Controlled Substances Act — possession, distribution, trafficking, manufacturing, prescription fraud, and drug-free zone enhancements — in Harris County courts and in federal court. The Act, codified at Tex. Health & Safety Code §§ 481.101–481.121, assigns each controlled substance to a Penalty Group. The Penalty Group and the substance weight together determine the charge level. Anyone facing any of these charges needs a drug crimes lawyer Houston can trust to evaluate the exact Penalty Group and weight before any strategy is set:
Drug possession penalties are determined by Penalty Group and substance weight. Possession of less than 1 gram of a PG1 substance is a state jail felony, punishable by 180 days to 2 years. Possession of 200–400 grams of a PG1 substance is a first-degree felony carrying 5–99 years.
Learn more →Drug delivery under §481.112 is charged at higher penalty levels than possession for the same substance weight. Delivery of under 1 gram of a PG1 substance is a state jail felony. Herman attacks the circumstantial evidence — scales, packaging, cash — that prosecutors use to infer delivery intent. A drug crimes lawyer Houston clients hire treats every piece of that circumstantial evidence as independently contestable.
Learn more →Federal drug trafficking under 21 U.S.C. §841 triggers mandatory minimum sentences of 5–10 years depending on drug type and quantity. Texas state trafficking at the 400g+ threshold carries 10–99 years or life. Herman defends trafficking in both state district court and U.S. District Court for the Southern District of Texas. A drug crimes lawyer Houston depends on for both state and federal exposure evaluates every charging option before advising on strategy.
Learn more →Drug manufacturing is the production or preparation of a controlled substance, charged under Tex. Health & Safety Code §481.116. Charge level follows the weight of the substance manufactured. Herman challenges the search warrant affidavit in every manufacturing investigation for constitutional defects, overbreadth, and stale probable cause.
Prescription drug fraud is obtaining a controlled substance through misrepresentation, fraud, or an unauthorized prescription under Tex. Health & Safety Code §481.129. The charge level tracks the substance's Penalty Group. Herman examines medical records, prescriber testimony, and pharmacy documentation to build the defense.
A drug-free zone enhancement elevates a drug charge by one degree for offenses within 1,000 feet of a school, playground, public pool, or video arcade. One degree of elevation converts a third-degree felony to a second-degree felony. Herman challenges the measurement methodology and statutory zone classifications in every enhancement case.
What Are the Texas Controlled Substances Act Penalty Groups and Punishment Ranges?
Texas Penalty Groups under Tex. Health & Safety Code Ch. 481 determine the charge level for every drug offense. Penalty Group 1 — cocaine, heroin, methamphetamine, fentanyl — is the most severe, ranging from a state jail felony for under 1 gram to 10–99 years or life for 400 grams or more. The Penalty Group, substance identity, and total weight all control the offense level.
| Penalty Group | Substances Include | Possession Range |
|---|---|---|
| Group 1 | Cocaine, heroin, meth, oxycodone | SJF to Life (weight-based) |
| Group 2 | MDMA, PCP, synthetic cannabinoids | SJF to 1st Degree Felony |
| Group 3 | Valium, Xanax, anabolic steroids | Class A Misd. to 3rd Degree Felony |
| Group 4 | Compounds with limited codeine | Class B Misd. to 3rd Degree Felony |
| Marijuana | Cannabis (separate statute) | Class B Misd. to Life (weight-based) |
What Are the Defense Strategies for Drug Charges in Texas?
Drug charge defenses in Texas attack the case at three stages: the legality of the search or seizure that produced the drugs, the chain of custody and lab analysis confirming the substance's identity and weight, and the quantity calculation that controls the charge level. A successful challenge at any stage can produce dismissal, a charge reduction, or an acquittal. This three-stage approach is why so many families searching for a drug crimes lawyer Houston choose Herman Martinez by name.
A Fourth Amendment suppression motion is the filing that seeks to exclude evidence obtained through an unconstitutional search or seizure. Texas drug charges almost always begin with a search — of a vehicle, person, or residence. Herman scrutinizes every traffic stop, consent search, and warrant affidavit for constitutional defects. Evidence excluded by a successful suppression motion is barred from trial. Without drug evidence, the charge cannot be proven. The case is dismissed or reduced. Winning this kind of suppression motion is often the single most important move a drug crimes lawyer Houston can make for a client.
Constructive possession is the legal doctrine establishing that a defendant possessed drugs found in a space they controlled — not physically on their person. The state must prove two elements. First: the defendant knew the drugs were present. Second: the defendant exercised care, custody, or control over them. Both elements are independently contestable. Herman attacks constructive possession when drugs are found in shared vehicles, multi-occupant residences, or areas accessible to others. Fingerprint evidence and access records are central to the defense. A drug crimes lawyer Houston clients trust treats every shared-space case as a distinct constructive-possession dispute.
A lab testing challenge contests whether the seized substance was correctly identified as a controlled substance and whether testing was properly performed. The state must produce a DPS crime lab report confirming chemical identity. Chain of custody must be documented from seizure through final analysis. Herman reviews analyst certification records, equipment calibration logs, testing methodology, and every chain-of-custody link. Lab defects — standing alone or in combination — can result in exclusion of the drug evidence.
A weight challenge disputes the measured amount of the controlled substance — the single number that determines the entire charge level. Texas law includes carrier substances mixed with the drug in the weight calculation. One gram can separate a state jail felony from a third-degree felony. Herman challenges the weighing methodology, inclusion of adulterants and dilutants, whether packaging weight was counted, and whether the substance met the threshold for the charged level. A drug crimes lawyer Houston relies on for threshold disputes retains independent forensic experts on every close-weight case.
Drug court diversion is a supervised rehabilitation program that substitutes treatment for incarceration. Successful completion results in dismissed charges. Dismissed charges become eligible for expunction in Texas. Harris County operates the DEFT program — Drug Education Forgiveness and Treatment — for qualifying first-time defendants. Herman evaluates diversion eligibility at the initial consultation and pursues it aggressively when available. A dismissed charge with a clean record is always the superior outcome to any conviction. A drug crimes lawyer Houston clients hire evaluates diversion eligibility as a parallel track on every qualifying case.
Drug Crime Defense Questions
Below are the most frequently asked questions about drug charge defense in Harris County — covering suppression, constructive possession, substance identity, record clearing, and diversion options.
Yes. If the traffic stop, detention, or search that produced the drugs was unconstitutional, Herman files a motion to suppress the evidence. A successful suppression hearing often results in the charge being dismissed because the state cannot proceed without the evidence.
Yes. Texas has not legalized recreational marijuana. Possession of any amount — even under 2 ounces — is a Class B misdemeanor with up to 180 days in jail and a $2,000 fine. Herman handles marijuana cases ranging from simple possession to trafficking and challenges every element of the charge.
Drug court is a supervised rehabilitation program that substitutes treatment for incarceration. Completion results in dismissed charges. Eligibility generally applies to non-violent first or second offenses. Harris County's DEFT program serves qualifying defendants. Herman evaluates eligibility at the first call and advocates for acceptance when it is the right fit.
Constructive possession is the state's theory that you controlled drugs not physically on your person. The state must prove two elements: you knew the drugs were present, and you exercised care, custody, or control over them. When drugs are found in a shared vehicle or multi-occupant space, Herman attacks both elements — access by others defeats specific attribution to you. A drug crimes lawyer Houston families trust challenges this attribution element in every shared-vehicle or shared-residence case.
Yes. Texas permits constructive possession charges when drugs are found in your vehicle, home, or any area you controlled. The state must prove you — not another occupant — knew about the drugs and exercised control over them. Constructive possession is harder to prove than actual possession. When several people had access, Herman attacks the state's ability to link the drugs specifically to you.
A drug-free zone enhancement is a statutory penalty increase for drug offenses committed within 1,000 feet of a school, college, playground, public pool, video arcade, or youth center. The enhancement elevates the punishment range by one degree — a third-degree felony becomes a second-degree felony. Herman challenges how the 1,000-foot distance was measured and whether the enhancement was properly pled in the indictment.
The state proves drug identity through forensic laboratory analysis — a DPS crime lab report confirming chemical composition. Herman reviews each report for errors in testing methodology, chain-of-custody failures, and analyst qualification deficiencies. The defense can request independent retesting. A defective lab analysis or broken chain of custody prevents the state from establishing the substance is a controlled substance under Texas law.
Yes — Texas law includes possession with intent to deliver charges based on quantity alone, combined with other circumstantial factors. Prosecutors use weight, packaging, digital scales, cash, and text messages as evidence of distribution intent. Herman attacks the intent-to-deliver inference directly — challenging the circumstantial evidence the state claims proves distribution rather than personal use. A drug crimes lawyer Houston clients hire treats this inference as a separate, independently winnable fight.
A drug conviction in Texas triggers automatic or discretionary licensing board action for nurses, physicians, pharmacists, teachers, and attorneys. Many Texas boards treat drug-related felony convictions as automatic grounds for suspension or revocation. Herman addresses licensing implications in every drug case — pursuing dismissal, deferred adjudication, or diversion to minimize board reporting obligations.
A drug conviction cannot be expunged in Texas. Deferred adjudication may qualify for non-disclosure (sealing) after a waiting period, but a final conviction cannot be expunged and has limited non-disclosure options. Herman pursues the disposition that opens the strongest path to record clearing — dismissal is always the primary goal. A drug crimes lawyer Houston depends on for record-clearing strategy maps this path out at the very first consultation.