Houston Delivery of a Controlled Substance Lawyer

Criminal Defense Led by a Board-Certified Attorney

A delivery of a controlled substance allegation in Texas may be charged as manufacture or delivery of a controlled substance or possession with intent to deliver. The substance, alleged weight, claimed transfer, and evidence of knowledge or intent can shape both the charge and potential punishment.

At The Law Offices of Jed Silverman, we examine the arrest, search, seizure, statements, laboratory testing, and circumstances of the alleged transaction. Attorney Jed Silverman is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and we handle serious state and federal drug crime cases.

How Texas Law Defines Delivery of a Controlled Substance

The Texas Controlled Substances Act defines delivery more broadly than a completed hand-to-hand exchange. It can include an actual transfer, a constructive transfer in which the substance reaches another person indirectly, or an offer to sell a controlled substance.

Texas Health and Safety Code Section 481.112 addresses knowingly manufacturing, delivering, or possessing with intent to deliver a Penalty Group 1 substance. Separate provisions cover other substances and penalty groups, so the precise charging statute matters. Everyday terms such as drug dealing and drug distribution do not identify the specific Texas offense or punishment range.

Possession with intent to deliver does not require police to claim they witnessed a completed sale. Prosecutors may try to infer intent from communications, packaging, quantities, money, surveillance, or surrounding circumstances. Those facts must be examined in context rather than treated as automatic proof.

How Texas Determines Penalties for Controlled Substance Delivery

Punishment exposure depends on the substance, penalty group, aggregate drug weight, alleged conduct, criminal history, and any applicable enhancement. Aggregate weight includes adulterants or dilutants mixed with the substance.

For a Penalty Group 1 offense under Section 481.112, less than one gram is generally a state jail felony. One gram or more but less than four grams is generally a second-degree felony. Four grams or more can fall within first-degree felony or enhanced punishment tiers, with the applicable range changing at additional statutory weight thresholds.

A case-specific penalty assessment should account for:

• The charging provision: Different penalty groups are governed by separate statutes and weight thresholds.
• The alleged substance and weight: Laboratory identification and aggregate weight can affect the offense level.
• The alleged conduct: Manufacturing, delivery, an offer to sell, and possession with intent to deliver may involve different evidence.
• Additional allegations: Prior convictions and legally recognized aggravating circumstances can alter the potential exposure.

Evidence That Can Shape a Drug Distribution Defense

A defense begins with identifying what the government claims occurred and how it intends to prove that claim. Police reports are not the final word. We compare them with physical evidence, recordings, witness accounts, and what happened at the scene.

Important areas for review may include:

• Search and seizure: The warrant, asserted probable cause, consent, traffic stop, and scope of a vehicle or home search.
• Possession and control: Whether the evidence connects the accused to the location or substance and establishes knowing possession.
• Proof of delivery: Whether an actual or constructive transfer occurred or the evidence supports an alleged offer to sell.
• Controlled buys: A controlled buy is a monitored transaction conducted with an informant or undercover officer. Recordings, procedures, identification, and informant credibility may warrant close examination.
• Laboratory evidence: Testing methods, substance identification, reported weight, and chain of custody, meaning the documented handling of evidence from seizure through testing and court.
• Digital evidence: The context, ownership, and interpretation of text messages, call records, social media, or location information.

The significance of each issue depends on the investigation and the Texas or federal rules that apply. A disputed search, unreliable witness, or incomplete chain of custody does not determine the outcome by itself, but it may require focused investigation and litigation.

Defense for State & Federal Drug Charges

We represent clients in state and federal criminal matters throughout Texas. Federal drug charges can involve different statutes, investigative agencies, procedures, and sentencing considerations. Identifying which government is pursuing the case and what conduct it alleges is an essential first step.

We develop a strategy around the evidence and legal issues in each case. When appropriate, we may work with forensic evidence professionals, private investigators, and other professionals to examine the government's allegations. Clients work directly with our attorneys throughout the criminal process.

More Than 3,000 Criminal Cases Handled

Our Houston criminal defense team has handled more than 3,000 cases. That experience informs how we assess police investigations, negotiations, pretrial litigation, and trial preparation without assuming one approach fits every drug allegation.

Our team also includes a member with more than 20 years of experience working in the Texas prison system. We combine that perspective with individualized legal analysis and a clear focus on protecting our clients' rights at every stage.

Discuss the Charge, Evidence, & Your Next Steps

If you’re accused of manufacture, delivery, possession with intent to deliver, or drug distribution in Houston or elsewhere in Texas, contact us to review the charge and the evidence behind it.

The Law Offices of Jed Silverman provides attorney-led representation in serious state and federal criminal matters. We investigate the facts, examine the government’s evidence, and develop each defense around the circumstances of the individual case.