Texas Criminal Defense Attorney
Texas Criminal Defense Lawyer Firm Overview Attorney Profile Areas of Practice In The News Results Contact Us
Click here to learn more about Mr. Downey Click here to find out about where we are in the news Click here to read some of our results and client testimonies

Drug Crime Attorney, Houston

Providing Defense Against State and Federal Drug Crime Charges

State and federal courts treat the possession, manufacture or distribution of narcotics very seriously. The war on drugs is real.

Drug offenses include those involving cocaine, marijuana, hydroponic marijuana, heroin, opium, methadone, PCP, codeine, LSD, OxyContin, methamphetamines, Ecstasy, ketamine, and anabolic steroids, among others. Major narcotics cases can carry ranges of confinement even more severe than murder. Possessing small amounts of narcotics can expose you to the risk of a lifelong felony conviction and a lengthy driver's license suspension.

Many narcotics investigations and arrests, however, are deeply flawed. Improper searches and arrests, inexcusable violations of constitutional rights, racial profiling, improper evidence handling, poor laboratory procedures, untruthful "confidential" informants, and poor police investigations are all reasons why drug cases of any amount can be dismissed.

Choose a Premier Drug Crime Attorney in Houston

The attorney you choose should be very experienced in the latest developments in state and federal search and seizure law. Your attorney should be familiar with the policies and procedures of the agency that arrested you, whether it is a state or federal agency or one of the many combined area task forces. He should be able to speak competently about proper laboratory testing protocols. A comprehensive knowledge of such policies and procedures can help your lawyer identify circumstances where the agent or officer may have broken the law or where the evidence is defective.

Since 1999, Texas criminal defense attorney Downey has handled hundreds of state and / or federal narcotics cases. Additionally, as a prosecutor, Mr. Downey worked closely with members of numerous police agencies including the Houston Police Department, the Harris County Sheriff's Department, the Texas Rangers, DEA, FBI, ATF, the Secret Service, the Internal Affairs Division, and the Department of Justice. He also served as the co-chair of the HPD Crime Lab Serology Review Committee and gained a broad understanding of proper laboratory protocols, evidence handling protocols, and proper laboratory testing procedures.

The marijuana cases handled by Mr. Downey since 1999 have ranged in weight from cases involving less than 2 ounces of contraband to single offense weights in excess of 2600 pounds. Additionally, the Penalty Group 1 cases have ranged in weight from less than one gram to single offense weights of over 90 kilos.

Mr. Downey and the staff at the Downey Law Firm are familiar with the intake procedures and treatment protocols of numerous area hospitals specializing in drug addiction treatment including but not limited to: West Oaks Hospital, Intracare, and Memorial Hermann Hospital. We retain access to a broad base of expert consultants and witnesses including board-certified physicians who can consult with clients in need of competent drug treatment programs. We are familiar with the requirements of all diversionary treatment programs available through the Texas court system. Our attorneys are available to discuss drug treatment alternatives with any client choosing to explore these options.

Common State Drug/Narcotics Offense Punishment Ranges:

Class C

Possession of
Drug Paraphernalia

0-$500 fine

Class B

Possession of
Marijuana (0-2 oz)

0 - 180 days in jail

Class A

Possession of
Marijuana (2-4 oz)

0 -1 year in jail

4th Degree


State Jail Felony

Possession of
Marijuana (4 oz -
5 lbs)

Possession of
Penalty Group 1
Less than 1
(such as
Cocaine, Heroin, etc.)

Delivery of Penalty
Group 1 Less
than 1 gram

6-24 months in
state jail

3rd Degree

Possession of
(5 lbs - 50 lbs)

Possession of
Penalty Group 1
1-4 grams

2-10 years in

2nd Degree

Possession of
Marijuana (50 lbs
- 2000 lbs)

Possession of
Penalty Group 1
4-200 grams

Delivery of Penalty
Group 1 1-4 grams

2-20 years
in prison

1st Degree

Possession of
Penalty Group 1
200-400 grams

Delivery of Penalty
Group 1 4-200 grams

5 years -
life in prison

1st Degree

Possession of
Penalty Group 1
over 400 grams

Delivery of Penalty
Group 1 200
grams or more

10 years -
life in prison

Professional Memberships
  • National Association of Criminal Defense Lawyers
  • Texas Criminal Defense Lawyers Association
  • State Bar of Texas Criminal Justice Section
  • National College of DUI Defense
Professional Positions
  • Instructor, DWI "Top Gun" School , Texas Criminal Defense Lawyers Association

  • Faculty, State Bar of Texas Annual Advanced Criminal Law Seminar

  • Co-Chairman, Houston Police Department Crime Laboratory Serology Investigation Panel

  • Author, Instructing the Jury, 2012 State Bar of Texas Annual Advanced Criminal Law Seminar

  • Author, Subpoenaing Big Brother, 2010 TCDLA Annual Top Gun Seminar

  • Author, Picking a Skeptical Jury in A Short Amount of Time, 2008 TCDLA Annual Top Gun Seminar

  • Former Felony Prosecutor, Harris County District Attorney's Office

Click here to view our map for directions

Lawyer Website Marketing

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Phone: (713) 651-0400
Address: The Downey Building, 2814 Hamilton Street, Houston, Texas 77004

© 2012 All Rights Reserved.