Dallas Heroin Defense Attorneys

Texas Overdose Bystander / 911 Good Samaritan Defense

Senate Bill 811, enacted by the 87th Legislature and effective September 1, 2021, created a limited statutory defense to prosecution for certain Penalty Group 1 possession offenses when the defendant sought emergency medical assistance during an overdose. Under Health and Safety Code § 481.115(g), it is a defense to prosecution under § 481.115(b) (less than one gram of a Penalty Group 1 substance) that the defendant:

• Was the first person to request emergency medical assistance in response to the possible overdose of another person, made the request during the ongoing medical emergency, remained on the scene until medical assistance arrived, and cooperated with medical personnel and law enforcement; or
• Was the person experiencing the possible overdose for which emergency medical assistance was requested.

The defense has significant limitations. It does not apply if the request for emergency assistance was made during the execution of an arrest warrant, a search warrant, or a lawful search. It does not apply if the defendant has previously been granted the defense. And it does not apply to charges other than the simple possession offense for which it is defined. Still, where it applies, the defense can decisively resolve a case.

Drug-Free Zone Enhancements — § 481.134

Texas enhances punishment when a controlled substance offense occurs in a drug-free zone, defined generally as within 1,000 feet of a school, youth center, playground, public swimming pool, or video arcade facility, and, for specified offenses, within 300 feet of certain other listed locations. The enhancement can:

• Double the maximum fine for the offense.
• Raise a state jail felony to a third-degree felony and add a mandatory five-year minimum for enumerated offenses.
• Require consecutive sentencing in specified circumstances.

Whether a case actually falls within a drug-free zone is a question of measurement. Zone maps, sight-line measurements, and the reliability of the distance calculation are all contestable.

How Heroin and Fentanyl Cases Are Defended

Fourth Amendment Challenges

Most opioid cases originate in a traffic stop, a consent search, or a search warrant. The basis for the stop, the scope of any search, the validity of consent, and the probable cause supporting any warrant are all contestable under the U.S. and Texas constitutions and the Texas exclusionary rule under Code of Criminal Procedure Article 38.23.

Affirmative Links

When drugs are found in a vehicle with multiple occupants, in a shared residence, or in property not exclusively associated with the defendant, Texas’ “affirmative links” doctrine requires the state to establish that the defendant specifically exercised care, custody, control, or management over the substance. Proximity alone is not possession.

Laboratory Challenges

The distinction between Penalty Group 1 (heroin) and Penalty Group 1-B (fentanyl) can move a case one felony level up and, in cases where a death is involved, open the door to fentanyl murder. The accuracy of the lab’s identification, the chain of custody, the weight measurement, and the methodology (typically GC-MS or LC-MS/MS) are all areas where Deandra Grant Law’s forensic training is directly relevant.

Causation in Fentanyl Murder Cases

A § 19.02(b)(4) prosecution requires proof that the decedent died “as a result of” the defendant’s substance. Toxicology showing multiple substances, unclear timing between the delivery and the death, and alternate sources for the substance all raise causation questions that can defeat or reduce the charge.

Overdose Bystander Defense

Where the § 481.115(g) defense applies (a qualifying call for emergency assistance in response to an overdose) it can be dispositive of a simple possession charge. The facts that support the defense need to be preserved and presented early.

Driver’s License Suspension — Transportation Code § 521.372

A drug conviction (including a heroin or fentanyl conviction) triggers a driver’s license suspension under Texas Transportation Code § 521.372 even when no vehicle was involved. The suspension period is generally 180 days for drivers 21 and older and up to one year for drivers under 21. Reinstatement requires completion of an approved 15-hour drug education program, payment of fees, and an SR-22 financial responsibility filing.

Where Dallas County Heroin and Fentanyl Cases Are Heard

Felony heroin and fentanyl cases in Dallas County are filed in the Dallas County Criminal District Courts at the Frank Crowley Courts Building, 133 N. Riverfront Boulevard. The Dallas County District Attorney’s Office prosecutes. Fentanyl murder cases proceed as first-degree felony homicides and are handled by the felony trial courts and, in appropriate cases, the DA’s homicide division.

Frequently Asked Questions

I was arrested for heroin, but the lab says it’s fentanyl. What now?

That changes the case. Fentanyl is Penalty Group 1-B, prosecuted under § 481.1123, with a harsher punishment ladder than Penalty Group 1. Possession of fentanyl is still prosecuted under the Penalty Group 1 possession statute (§ 481.115), but manufacture and delivery move to the Penalty Group 1-B ladder, and a death can trigger fentanyl murder under § 19.02(b)(4).

Can I be charged with murder because my friend overdosed on something I gave him?

If the substance was in Penalty Group 1-B (fentanyl or a fentanyl analog) and the delivery was knowing, yes under § 19.02(b)(4). The state does not have to prove intent to kill. What it does have to prove is that you knowingly manufactured or delivered the substance and that the death was a result of that substance.

I called 911 when my friend overdosed. Am I protected from prosecution?

Possibly. The Texas Overdose Bystander defense under § 481.115(g) applies to small-amount Penalty Group 1 simple possession cases and requires that you were the first to call, remained on scene, and cooperated. The defense has important limitations and does not apply to delivery or larger-amount cases.

The drugs weren’t on me. Why am I charged?

Texas recognizes both actual and constructive possession. When drugs are found in a shared vehicle or residence, the state has to prove “affirmative links” connecting you specifically to the substance. This is one of the central defense issues in multi-occupant cases.

Will a heroin conviction affect my driver’s license?

Yes. Transportation Code § 521.372 imposes a license suspension on drug convictions, generally 180 days for adults, with a 15-hour drug education program required for reinstatement.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. Our Dallas opioid defense practice is built for the forensic and legal complexity that defines modern heroin and fentanyl cases: Penalty Group classification, quantitative toxicology, and the causation questions that drive fentanyl murder prosecutions.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including Arrested for Drugs in Texas

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice, including serious-felony cases
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Dallas Heroin and Fentanyl Defense Attorneys

The decisions made in the first days after a heroin or fentanyl arrest (whether to talk to police, whether to consent to searches, whether to cooperate in an investigation that may widen to delivery or fentanyl murder charges) shape the rest of the case. In fentanyl-involved cases especially, the earlier counsel is involved, the better.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and surrounding North Texas counties from our Dallas office.