What Texas Law Defines as Drug Trafficking
Under the Texas Controlled Substances Act, drug trafficking covers the manufacture, delivery, or possession with intent to deliver a controlled substance. The Act organizes drugs into several penalty groups, and the penalties tied to each group vary significantly based on the substance and the quantity involved. Charges can range from a state jail felony up to a first-degree felony depending on those factors.
The line between a possession charge and a trafficking charge often comes down to circumstantial evidence. Quantity, packaging, scales, cash, and text messages are the details law enforcement uses to argue intent to deliver rather than personal use. That distinction can raise the charge by several felony levels and dramatically expand a defendant’s exposure.
When Drug Cases Become Federal
San Antonio’s location makes it a consistent focus for federal drug investigations. Customs and Border Protection intercepts shipments moving through the region, and the DEA investigates larger distribution networks. When a case involves interstate transportation, an international border, or a broader trafficking operation, federal charges become a real possibility. Federal penalties are generally harsher than their state counterparts, and federal prosecutors bring significant resources to bear.
Narcotics cases in San Antonio that reach the federal level are prosecuted in the United States District Court for the Western District of Texas, San Antonio Division. Investigations at that level frequently rely on wiretaps, electronic surveillance, confidential informants, and undercover sting operations. Understanding how those tools are used, and where they can be challenged, is central to building an effective defense.
Why Defendants in San Antonio Choose Hernández Dauphin Legal, P.C.
Together, Juan Carlos Hernández and Christine Dauphin Hernández bring a combination of law enforcement, prosecutorial, and judicial experience that shapes every aspect of how we handle a trafficking defense.
What Each Attorney Brings to the Defense
Juan Carlos Hernández didn’t just study how narcotics investigations work. Before becoming a Bexar County Criminal District Court Magistrate Judge, he served as a police officer with the Metropolitan Police Department in Washington, D.C., conducting narcotics investigations that included covert surveillance and posing as a street-level buyer. He knows how wiretap authorizations are drafted, how informant relationships develop, and where the pressure points in those investigations tend to be.
Christine Dauphin Hernández brings a complementary perspective. Her time as a prosecutor and as both a City of San Antonio Municipal Court Judge and Criminal Magistrate Judge gives her a detailed understanding of how the state builds and presents its cases. She is also a Certified Mediator, and those negotiation skills matter when a negotiated resolution is the right path for a client.
How We Build & Pursue a Defense
- Thorough investigation: We dig into the circumstances of an arrest to find details that can work in a client’s favor, and we don’t rush cases toward trial.
- Access to expert witnesses: We work with qualified experts to challenge evidence and strengthen defenses.
- Bilingual service: We communicate effectively in both English and Spanish.
- Aggressive yet compassionate representation: We fight hard while treating every client with the attention and respect they deserve.
Building a Defense Against a Trafficking ChargeDrug trafficking cases can be challenged on multiple grounds. We start by evaluating whether law enforcement violated Fourth Amendment protections against unlawful search and seizure. Evidence obtained without a valid warrant, or through an improperly executed one, can be suppressed. When key evidence is excluded, charges can be reduced or dismissed.Other defenses depend on the specific facts of the case:Lack of intent to deliver: The prosecution must prove intent, not just possession. Quantity alone doesn’t always establish that intent.Lack of knowledge: If a defendant didn’t know controlled substances were present, that’s a viable defense.Chain-of-custody problems: Errors in how evidence was collected, stored, or transferred can undermine the prosecution’s case.Informant or surveillance issues: Confidential informants and undercover operations create their own procedural vulnerabilities.Not every case goes to trial. Many are resolved through negotiation, where pleading to a lesser charge or cooperating with the government may reduce a sentence. We evaluate both paths honestly and pursue the one that serves the client best.
Penalties for Drug Trafficking Convictions in Texas
Under Texas law, a trafficking conviction can carry anywhere from up to two years in a state jail facility to up to 99 years in prison, depending on the penalty group and the quantity involved. These are general sentencing ranges under state law; actual exposure in any individual case depends on facts that vary significantly.
Several enhancements can push those ranges further. Texas law treats areas within 1,000 feet of schools, playgrounds, and youth centers as drug-free zones, and a trafficking offense in one of those areas carries significantly enhanced penalties. Possessing a deadly weapon during a drug felony can move the punishment range up one full felony level. At the federal level, a first trafficking conviction can carry a mandatory minimum of five years in prison, with higher minimums tied to larger quantities or prior convictions.
Talk to a Trafficking Defense Attorney Today
The earlier we get involved, the more options we may have. Contact Hernández Dauphin Legal, P.C. at (210) 970-7019 for a free, confidential consultation. We can review the facts of your situation and give you a clear picture of what you’re facing and what we can do about it.
What to Do If You’re Under Investigation or Have Been Arrested
The most important step after an arrest, or when you learn you’re under investigation, is to stop talking. Anything said to law enforcement, including seemingly casual statements, can be used in court. Assert your right to remain silent and ask for an attorney immediately.
We strongly advise contacting us before responding to any subpoenas, agreeing to an interview, or speaking with federal or local agents. Getting involved early lets us assess the government’s evidence before the case moves deeper into the system, and that assessment can affect how things unfold.
In some situations, Texas drug court programs offer a path focused on rehabilitation through substance abuse treatment rather than standard criminal proceedings. That option narrows considerably for higher-level trafficking charges compared with possession cases, but it’s worth discussing whether any diversion alternatives apply to your circumstances.
Don’t wait to get legal help. Call (210) 970-7019 or reach out online to schedule your free, confidential consultation with our criminal defense attorneys.