Drug Distribution Defense In Houston
Criminal Defense Since 1980, Focused on Every Detail
We defend people accused of drug distribution by examining what the evidence actually shows about possession, knowledge, control, and any alleged transfer. Continuing education and detailed case checklists give our attorneys a disciplined framework for reviewing each charge.
Law Offices of Gary Trichter has practiced criminal defense since 1980, with attorneys who have experience on both sides of the criminal justice process. We pair aggressive advocacy with caring, understandable guidance so you can make informed decisions about the charge and your next step.
Call (979) 472-3858 or reach out online for a free consultation about a delivery of a controlled substance or possession with intent to deliver allegation in Houston.
What Evidence Can Support a Distribution Charge?
Under the Texas Controlled Substances Act, delivery can include an actual transfer, a constructive transfer, or an offer to sell. A constructive transfer involves arranging for a controlled substance to pass to another person without handing it over directly. The State doesn’t necessarily need to prove that money changed hands.
Possession with intent to deliver is a separate allegation. Prosecutors may claim that someone possessed a substance and intended to distribute it even if no transaction occurred. The accusation may involve an alleged seller, courier, facilitator, intermediary, controlled buy, or confidential informant.
Evidence commonly examined in these cases includes:
- Communications: Text messages, social media activity, call records, and recorded conversations.
- Physical evidence: Packaging, scales, cash, substances, and items allegedly connected to a transaction.
- Witness evidence: Confidential informant claims, officer observations, alleged admissions, and surveillance.
- Scientific evidence: Laboratory identification, weight calculations, chain of custody, and testing documentation.
The presence of a controlled substance doesn’t automatically establish an intent to distribute. We assess each category of proof separately, looking for gaps between what investigators inferred and what admissible evidence can support.
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“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
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“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
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“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
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“Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”- James F.
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“Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”- Jenny S.
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“Not only did Mr. Trichter guide me through the complex legal proceedings but he also took the time to explain the process to me in a clear and understandable way. His direct answers and understanding ear helped me vastly through my legal process. Thanks to you Gary!”- Seth L.
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
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“I highly recommend this Gary Trichter for anyone in need of expert legal representation. Him and his team guided me through every step of the process and fought tirelessly for the best possible outcome. Truly great work.”- Kevin W.
What Determines a Texas Drug Distribution Charge?
Texas doesn’t apply one punishment range to every distribution case. The controlling statute, alleged substance, Penalty Group, aggregate weight, conduct, prior record, and any enhancement allegations can affect the charge. Penalty Groups are the categories Texas uses to classify controlled substances for punishment purposes.
For example, Texas Health and Safety Code Section 481.112 addresses manufacturing, delivery, and possession with intent to deliver substances in Penalty Group 1. Other provisions govern additional Penalty Groups. The charging instrument and laboratory evidence must be reviewed before possible penalties can be assessed responsibly.
Additional allegations that may increase punishment include:
- Conduct that meets the statutory requirements for a drug-free-zone enhancement.
- Use of a social media platform to further certain qualifying offenses.
- A qualifying allegation that the delivered substance caused death or serious bodily injury.
How We Examine the State’s Evidence
Our review starts with the investigation, not the assumption that the police narrative is complete. We use a disciplined process to identify constitutional issues, evidentiary weaknesses, and facts that may change how the alleged conduct should be understood.
Important areas of review may include:
- Search and seizure: The legal basis for a traffic stop, detention, warrant, consent search, phone search, or seizure.
- Possession and control: Whether the accused knowingly possessed the substance or controlled the place where it was found.
- Intent to deliver: Whether quantity, packaging, cash, communications, or witness claims reliably establish the alleged intent.
- Controlled buys: Informant credibility, possible inducement, surveillance gaps, recording quality, and whether the alleged transfer occurred as described.
- Statements and digital evidence: Constitutional compliance, authentication, context, ownership, and reliability.
- Laboratory proof: Substance identification, aggregate weight calculations, documentation, and continuity of evidence.
If officers obtained evidence through an unlawful search or seizure, we can assess whether there are grounds to challenge its admissibility. A case may also turn on identity, access, knowledge, informant reliability, or whether the evidence distinguishes personal possession from an intent to distribute.
What Happens After a Harris County Drug Arrest?
Harris County Criminal District Courts hear felony cases. After an arrest, indictment, or notice of an investigation, an early review can identify the precise accusation, preserve relevant material, examine the charging documents, and determine how officers obtained the evidence.
Don’t discuss the facts with investigators, informants, or potential witnesses before obtaining legal advice. Statements, messages, and calls made after an arrest may become additional evidence, even when you’re only trying to explain what happened.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
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DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.