What are Drug Crimes in El Paso, Texas?

A person commits a drug crime in El Paso if they are convicted of manufacturing, distributing, possessing, or using controlled substances. These acts are criminalized under the Texas Controlled Substance Act. Drug-related offenses in Texas include:

• Drug possession: it is a crime in El Paso to have controlled substances under one’s care, custody, or control. Possession can be actual or constructive. As such, besides being in physical control of a drug, a person can also be convicted of the charge if the drug is found in a place they control and they have knowledge of the drugs. 
• Distribution or delivery means transferring controlled substances to another person through a sale or any other arrangement. The offense also includes facilitating an arrangement to transfer drugs even though the person did not handle the drug physically. Such instances are referred to as constructive delivery. 
• Possession with intent to manufacture or distribute: a person commits this offense by producing, preparing, compounding, converting, or processing a controlled substance. The application of this provision to marijuana is different. Notably, the cultivation of marijuana would typically be charged as drug possession. However, where the marijuana is synthetic, the prosecution can opt for drug manufacturing charges. 
• Drug paraphernalia: this charge involves the possession, manufacturing, or delivering items required for the production, use, and possession of controlled substances. Items that qualify as drug paraphernalia are listed in Section 481.002 (17) of the Texas Controlled Substance Act. 
• DWI: Driving While Intoxicated refers to the offense of operating a motor vehicle, boat, or aircraft while under the influence of intoxicating substances. This offense would become a drug charge if the suspect acted under the influence of an illegal substance. 

Conspiracy: making preparations to commit a drug crime can be charged as an offense in El Paso if the accused persons:

• Agree or plan to violate state drug laws.
• Intended to participate in the act.
• Had set the plan in motion either through their actions or that of their co-conspirators.

Most of the drug crimes in El Paso are considered felonies, and they attract severe punishments, including hefty fines and prison terms. As such, when facing drug charges in El Paso, it is advisable to engage the services of a skilled criminal defense attorney. Such a lawyer is trained to provide professional guidance and representation, including conducting relevant paperwork and arguing defenses that can dismiss or reduce a drug charge. A skilled attorney is also better positioned to understand the effects of certain sentencing alternatives and can help the accused negotiate the most reasonable options if a drug charge results in a conviction.

What are the Penalties for Drug Crimes in El Paso?

Penalties for drug crimes in El Paso are generally strict and usually include prison terms ranging from 180 days to a life term, including fines as much as $250,000. However, the eventual punishment depends on certain factors, including the classification of the drug, the actions involved, the presence of aggravating circumstances, and the quantity of drug involved. 

The Texas Controlled Substance Act classifies drugs into seven groups for the purpose of punishment. These include penalty group 1, penalty group 1A, penalty group 1B, penalty group 2, penalty group 2A, penalty group 3, and penalty group 4. Additionally, the Act includes punishments relating to other drugs not listed within the penalty groups, including marijuana. 

The table below contains penalties for the most common drug charges in El Paso, including examples of drugs in each penalty group. 

The court would typically increase the penalties for drug crimes in El Paso if the offense included certain aggravating factors including: 

• Engaging or using a child to facilitate the offense
• Delivering controlled substances to drug-free areas
• Causing death or severe bodily injury to another person while committing a drug crime.

What Percentage of Crimes are Drug-Related in El Paso?

According to the Federal Bureau of Investigation Crime Data Explorer, in 2020, the City of El Paso recorded 7,302 drug crimes, including  6,776 drug offenses and violations and 526 drug equipment violations. Drug crimes represented 27% of the city’s total crime numbers in the same period. Some substances commonly involved in drug offenses in El Paso include marijuana, cocaine, meth, heroin, and fentanyl. Notably, the U.S. Customs and Border Protection Officers within the El Paso Field Office seized 1,385.6 pounds of marijuana, 761 pounds of methamphetamine, 77.8 pounds of cocaine, 23.8 pounds of heroin, and 3.3 pounds of fentanyl along the city’s border in September 2020 alone. 

How Many Prisoners are in Jail for Drug-Related Crimes in El Paso?

Statistics published by the Texas Office of Court Administration show that between September 2010 and December 2021, El Paso County District and Statutory Courts sentenced 3,955 persons to prison for drug crimes in cities in the county, including the City of El Paso, its seat. The breakdown of the crime numbers shows 1,364 drug sale or manufacture cases, 1,234 cases of drug possession, and 1,357 felony DWIs. Drug crimes represented  33% of the county’s total felony convictions within the same period. 

Since the 1990s, El Paso has been a major route for drug deals because of its shared borders with Mexico. According to the Texas Border Security Dashboard, between 2011 and 2015, law enforcement authorities seized 370,742 pounds of Marijuana, 3,299 pounds of cocaine, 1,072 pounds of meth, and 417 pounds of Heroin along the El Paso border with Mexico. Nonetheless, El Paso is generally ranked among the safest large cities in the United States.

El Paso Drug Crime Lawyer

Facing a drug-related offense in El Paso is a serious matter, especially considering the current war against  drugs throughout the country. Law enforcement agencies, both at the state and federal levels. Besides the regular penalties, a conviction may also attract collateral consequences, including a criminal record, immigration issues, and access to certain educational opportunities like student loans. However, by hiring a skilled drug crime lawyer, a defendant can successfully defend an El Paso drug charge. Such an attorney can critically examine the surrounding case and exploit weaknesses in the prosecution’s case to get the charge reduced or dismissed by the court. A competent attorney can also assist the accused person in negotiating a favorable plea bargain option if a drug charge results in a conviction. 

How to Beat Drug Crime Charges in El Paso

Depending on the facts of  each case, the following are some of the common defenses a criminal defense attorney in El Paso may adopt:

• Fourth Amendment Right violation: The Fourth Amendment to the U.S Constitution protects against unlawful searches and seizures. Drugs are generally discovered during a search. Searches must be conducted with a warrant or based on probable cause. As such, a skilled attorney would usually assess the circumstances of a case to determine whether the search was unlawful. The court may reject evidence obtained from an illegal search and dismiss the charge.  
• Fifth Amendment Right violation: also known as the Miranda rights, this provision protects persons from unlawful interrogation. A person is entitled to refuse to divulge any information to the police, and any law enforcement officer must spell this right out before interrogating a suspect. Information obtained through an illegal interrogation may be rejected as evidence before a court. 
• Lack of intent or unawareness of drugs: it is a defense that the defendants, though they had drugs on them, were not aware of it or did not know what was on them is a controlled substance.  This is because one of the elements of drug offenses is that the accused acted intentionally and had knowledge of the kind of drugs they were handling. If successfully argued, this defense may result in the dismissal of a drug charge.  
• Legal possession: in some instances, a person may be justified for possessing a controlled substance. This includes where the person holds a valid prescription from a medical practitioner in relation to a health condition. However, for this defense to apply, the defense side may have to tender evidence showing the prescription made to the accused.   
• Improper testing: in proving a drug charge, the prosecution should have conclusive proof that the substances involved are illegal drugs. A laboratory test may be required to dispense this burden. As such, any error or failure to adhere to rules of procedures in the process of handling and testing the drugs may create a ground of defense for the accused. 

Asides from established defenses to a drug charge, there are still other options open to the defense side. This includes entering a plea bargain for a lesser charge or reduced punishment. Likewise, accused persons may also apply for the El Paso County Drug Court Treatment Program. This program gives individuals charged with drug crimes the opportunity for rehabilitation without serving a jail term. To be eligible for the program, the person must  have a history of substance abuse, be at least 17 years of age, have at least 24 months remaining on probation, and be physically and mentally capable of comprehending and satisfying the program’s requirements.

The following persons may, however, be unable to access this program:

• Those who have outstanding warrants or who are facing immigration issues
• Offenders who have a history of weapon possession, carrying, or use
• Offenders with a history of offenses resulting in death or serious bodily injury to another person, or sexual offenses
• Person with four or more DWI convictions.