McKinney Cocaine Defense Lawyers

Collin County Cocaine Penalty Structure

Possession (§481.115)

• Less than 1 gram: State jail felony — 180 days to 2 years, fine up to $10,000.
• 1 to less than 4 grams: Second-degree felony — 2 to 20 years, fine up to $10,000.
• 4 to less than 200 grams: First-degree felony — 5 to 99 years or life, fine up to $10,000.
• 200 to less than 400 grams: First-degree felony, enhanced minimum — 10 to 99 years or life, fine up to $100,000.
• 400 grams or more: First-degree felony, enhanced minimum — 15 to 99 years or life, fine up to $100,000

Delivery and Manufacturing (§481.112)

Delivery and manufacturing follow the same weight-based structure. Possession with intent to deliver is charged at the delivery tier.

• Less than 1 gram: State jail felony — 180 days to 2 years, fine up to $10,000.
• 1 to less than 4 grams: Second-degree felony — 2 to 20 years, fine up to $10,000.
• 4 to less than 200 grams: First-degree felony — 5 to 99 years or life, fine up to $10,000.
• 200 to less than 400 grams: First-degree felony, enhanced minimum — 10 to 99 years or life, fine up to $100,000.
• 400 grams or more: First-degree felony, enhanced minimum — 15 to 99 years or life, fine up to $250,000.

The Forensic Science Defense in McKinney Cocaine Cases

Field test reliability.  Presumptive field tests are not definitive and are known to produce false positives for cocaine on a range of legal substances. A positive field test is not a conviction. It is the starting point for a laboratory analysis that is itself subject to challenge.

Weight determinations at threshold values.  The penalty tier is driven entirely by weight. Cocaine is commonly sold in mixtures containing adulterants and cutting agents. Whether the DPS lab correctly weighed only the controlled substance mixture (and whether the measurement falls above or below a penalty threshold) is a legitimate forensic challenge, particularly at the 1-gram and 4-gram cutoffs where the margin of instrument error is material.

Laboratory accreditation and protocol.  Crime laboratories must follow strict accreditation standards and internal protocols. Deviations in sample handling, instrument calibration, analyst qualifications, or chain of custody can render results inadmissible or subject to effective challenge at trial.

Chain of custody.  Every transfer of the seized substance (from the arresting officer to the evidence locker to the laboratory) must be documented without interruption. Breaks in the chain of custody create grounds to question whether the substance tested is the same one seized from the defendant.

Article 38.23.  Texas’s exclusionary rule carries no good faith exception. Collin County cocaine cases frequently arise from traffic stops on US-75 and the Sam Rayburn Tollway, confidential informant tips, and search warrants. The legality of the stop, the reliability of the CI, and the sufficiency of the warrant affidavit’s probable cause showing are all examined before any other defense strategy is built.

Why Deandra Grant Law for McKinney Cocaine Defense

• ACS-CHAL Forensic Lawyer-Scientist — Deandra Grant and Douglas Huff.  Laboratory methodology, mixture-weight calculation, and chain of custody challenged at the chemistry level.
• Master of Science in Pharmaceutical Science + Graduate Certificate in Forensic Toxicology.  Cocaine chemistry, adulterant analysis, and the forensic science underlying every stage of the State’s evidence.
• Office in Allen.  30+ years in Collin County courts. 500+ trials to verdict. The Collin County Courts and the Collin County DA’s office are familiar ground.
• Federal defense capability.  James Lee Bright handles federal cocaine cases in the Eastern District of Texas.
• 17 published law books.  Including Arrested for Drug Charges in Texas
• Texas Super Lawyer since 2011.  AV® Preeminent rated by Martindale-Hubbell®.

If you are facing cocaine charges in Collin County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.