James Alston is one of the most sought-after criminal defense attorneys in Houston. He uses his experience and understanding of the law and the court system to obtain the best results for his clients.

Expert Federal Drug Crime Attorneys Serving Houston

Being charged with a drug crime in the State of Texas or in Federal Court can result in significant time in prison if convicted. State and federal laws prohibit the possession and distribution of certain drugs. If you have been charged with a drug offense, you need experience you can trust. In his over 30 years of experience in criminal law, Attorney James Alston has worked as both a State and Federal prosecutor. During his time with the United States Attorney’s Office, he was assigned to the Organized Crime Drug Task Force. His experiences allow him to prepare a strategic defense for his clients. Contact Houston Drug Crimes Lawyer James Alston now to schedule a consultation.

Drug Possession Charges

Under the Texas Controlled Substances Act, drugs are classified into Schedules I, II, III, IV, and V. The classification depends on whether the drug has a high potential for abuse, has an accepted medical use, or abuse of that is likely to lead to physical or psychological dependence. Penalties for drug possession charges depend on the type of drug and the amount of the drug possessed.

Drug Trafficking Penalties

The penalties for drug trafficking in the State of Texas can be severe, including up to life in prison for trafficking controlled substances listed under Schedule I or Penalty Group I of the Texas Controlled Substances Act.

Texas Drug Trafficking Offenses

The manufacturing or delivery of controlled substances is unlawful under Section 481.112 – 481.114 of the Texas Controlled Substances Act. Penalties for drug trafficking depend on the type of drug and the amount in possession. Depending on the circumstances of the case, a person can face significant jail or prison time, a fine, or both.

Texas Cocaine Charges

Possession of cocaine or Manufacturing and Delivery of cocaine are severe criminal offenses in the State of Texas and can result in imprisonment from 180 days to life in the Texas Department of Criminal Justice. Cocaine is an illegal substance classified into Penalty Group I of the Texas Controlled Substance Act. If you, or a family member, have been arrested for cocaine charges in Houston, Texas, you need an experienced criminal defense attorney.

Texas Marijuana Charges

Possession or the cultivation of marijuana is still illegal in the State of Texas. Possession of under two ounces of marijuana can lead to up to six (6) months in jail and a fine of up to $2000 or both. Penalties for the possession or sale of marijuana increase depending on the quantity confiscated by law enforcement.

Prescription Drugs – “Pill Mill”

“Pill Mill” is a term investigators and prosecutors use to describe pharmacists, doctors, or other medical professionals who prescribe or distribute prescription drugs, usually pain pills, for non-medical purposes. Because of the opioid crisis, law enforcement agencies, including the DEA and FBI, are aggressively investigating and prosecuting pharmacists, doctors, and other medical professionals who work at pain clinics or who law enforcement officers and agents think prescribe or dispense an unusually high rate of prescription pain pills.

Drug diversion is the abuse or illegal distribution of prescription drugs or use for purposes not intended by the prescriber. Drug diversion can occur when a doctor, nurse, nurse practitioner, pharmacist, or other medical professional prescribes or provides a narcotic, usually pain pills, to a patient when the drugs are not medically necessary or therapeutic. Law enforcement officers, federal agents, and prosecutor investigate medical professionals who prescribe or dispense large quantities of hydrocodone, alprazolam, and carisoprodol – also known as the “Houston Cocktail” or “Holy Trinity” alleging that the drugs are not medically necessary and are being over prescribed.

Drug diversion cases are usually investigated and prosecuted by federal law enforcement agents, such as the Drug Enforcement Agency (DEA) or the Federal Bureau of Investigation (FBI). Federal charges are usually filed under 21 United States Code §841(c), which carries up to 20 years in federal prison and up to a $5 million fine.

Drug diversion cases can also be investigated and prosecuted in state court under §481.1285 of the Texas Health & Safety Code. If charged in state court the penalties range from a State Jail Felony of 180 days to 2 years in the State Jail or a 3rd degree felony punishable from 2 years to 10 years in prison.
When a medical professional or pharmacist is investigated and prosecuted for drug diversion, their professional license can be severely impacted by either being probated, suspended or revoked; thus, a person can lose their ability to work in their career and chosen profession.

Throughout his career as a Houston Criminal Defense Attorney James Alston has represented many physicians, nurses, nurse practitioners, pharmacists, and other medical professionals who have been investigated and or charged with drug diversion, operating or working at a Pill Mill, or drug possession or distribution. Attorney James Alston has extensive experience and training in federal law enforcement investigative techniques including the use of confidential informants, Title III wire intercepts (telephone taps), cell site tracking devices, and surveillance. As an Assistant United States Attorney, James Alston prosecuted numerous federal cases from the initial stages of an investigation through jury trial. James Alston knows the means and methods that prosecutors use to investigate cases and seek convictions. James Alston uses his experience as a former prosecutor to develop the best and most aggressive defenses for his clients.

As a criminal defense attorney, James Alston has defended many doctors, pharmacists, nurses, and other medical professionals, who have been charged with drug diversion and illegal possession and distribution of drugs, for their involvement, employment or ownership in pharmacies or pain clinics, including Pill Mills. James Alston uses his 30 plus years of experience in the criminal justice system, as both a prosecutor and criminal defense attorney, to develop the best defense for his clients.