Austin Drug Defense Attorney
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Are you or someone you love facing drug charges in Austin, Texas? The fear, uncertainty, and anxiety can be overwhelming. You probably wonder what this means for your future, family, and freedom.
While things may seem bleak now, you have rights, but you need a knowledgeable legal advocate to help you assert those rights and devise a strong defense for you.
As an experienced Austin drug defense attorney, Lance Kennedy understands the emotional turmoil you’re going through. He’s stood beside countless individuals who’ve found themselves in similar situations, guiding them through the complex legal maze with compassion, dedication, and unwavering commitment.
The decisions you make now will shape your future. That’s why you need a skilled criminal defense attorney in your corner. Lance Kennedy has the knowledge, experience, and strategic mindset to protect your rights and fight for the best possible outcome. Don’t let fear paralyze you – take the first step towards reclaiming your life.
Contact Lance Kennedy Law today for a free, confidential consultation.
Understanding Drug Charges in Austin
Drug charges can be confusing and intimidating. Let’s break down some key aspects you need to know:
State vs. Federal Charges
Drug charges can be prosecuted at either the state or federal level, each with its own laws, procedures, and potential consequences.
- State Charges: The State of Texas handles most drug cases in Austin. These charges typically involve smaller quantities of drugs and are prosecuted in state courts.
- Federal Charges: The federal government may prosecute cases involving large quantities of drugs, crossing state lines, or part of a larger conspiracy. Federal charges often carry harsher penalties and are tried in federal courts.
Types of Drug Offenses and Their Penalties
Drug charges come in many forms, each with its own set of challenges and legal complexities. The severity of drug charges and the penalties you could face in Texas depends on various factors, including the type and amount of drug involved. Lance Kennedy has extensive experience handling a wide range of drug-related cases, including:
Possession
Penalties range from a Class C misdemeanor (up to $500 fine) for small amounts of marijuana to first-degree felony charges (up to life in prison and $250,000 fine) for large quantities of drugs like cocaine or heroin.
Whether you’re facing charges for possessing marijuana, cocaine, methamphetamine, or prescription drugs, Lance Kennedy can help you. He understands the nuances of possession laws and will work tirelessly to challenge the evidence against you.
Distribution
Selling drugs is typically a felony offense. Penalties range from 180 days to life in prison, depending on the type and amount of drug involved.
Lance Kennedy will scrutinize every detail of your case, from the circumstances of your arrest to the reliability of informants, to build a strong defense.
Manufacturing
Creating illegal drugs or possessing chemicals with intent to manufacture can result in felony charges, with penalties similar to those for distribution.
If you’re accused of producing illegal drugs or possessing the chemicals and equipment to do so, you need a lawyer who understands the complex science and legal issues involved. Lance Kennedy has the knowledge and resources to effectively defend against these serious charges.
Trafficking
Large-scale drug operations can lead to severe penalties, including life in prison and millions of dollars in fines, especially at the federal level.
Drug trafficking charges often involve complex investigations and multiple defendants. Lance Kennedy’s background as a former prosecutor gives him unique insight into how these cases are built and prosecuted. This allows him to develop powerful defense strategies.
Factors Affecting Sentencing
Several factors can influence the severity of your sentence, such as:
- Prior criminal history
- Amount and type of drug involved
- Presence of weapons
- Proximity to schools or other protected areas
- Involvement of minors
- Your role in the offense (e.g., leader vs. minor participant)
Understanding these factors is crucial in developing an effective defense strategy. Lance Kennedy will carefully evaluate every aspect of your case to identify opportunities to reduce charges or minimize penalties.
Representation at All Stages of the Criminal Justice Process
You need an experienced attorney at every step when you face drug charges. Lance Kennedy provides comprehensive representation throughout the entire legal process:
- Arrest and Booking: The moments immediately following an arrest are critical. Lance Kennedy can advise you on your rights, help you avoid self-incrimination, and build your defense strategy immediately.
- Bail Hearings: Getting out of jail while your case is pending can make a huge difference in your ability to participate in your defense. Lance Kennedy will fight for reasonable bail terms or your release on your own recognizance when appropriate.
- Pre-trial Motions: This is where much of the legal battle takes place. Lance Kennedy will file motions to suppress evidence, dismiss charges, or exclude prejudicial information – all aimed at weakening the prosecution’s case against you.
- Trial: If your case goes to trial, you need a skilled litigator in your corner. Lance Kennedy has extensive trial experience and will present a compelling case to the judge or jury, challenging the prosecution’s evidence and witnesses every step of the way.
- Sentencing: If convicted, Lance Kennedy will advocate for the most lenient sentence possible, presenting mitigating factors and arguing for alternatives to incarceration when appropriate.
- Appeals: If errors were made during your trial, Lance Kennedy can help you navigate the appeals process, fighting to overturn your conviction or reduce your sentence.
Legal Strategies for Defense and Mitigating the Impact on Your Life
Facing drug charges doesn’t mean your life is over. With the right legal strategy, you can minimize the impact on your future. Lance Kennedy employs a range of effective defense tactics, including:
Challenging Evidence
From questioning the legality of searches and seizures to challenging the reliability of drug tests, Lance Kennedy will scrutinize every piece of evidence against you. He’ll work to have improperly obtained or unreliable evidence thrown out, potentially weakening or even dismantling the prosecution’s case.
Negotiating Plea Bargains
In some cases, negotiating a plea deal may be the best option. Lance Kennedy’s experience as a former prosecutor gives him valuable insight into what motivates the other side, allowing him to negotiate from a position of strength. He’ll work to secure the most favorable terms possible, potentially reducing charges or minimizing penalties.
Alternative Sentencing Options
For many drug offenses, especially those involving addiction, alternatives to traditional sentencing may be available. Lance Kennedy can advocate for options like:
- Drug court programs
- Rehabilitation instead of incarceration
- Probation or deferred adjudication
- Community service
These alternatives can help you address underlying issues while avoiding the harsh consequences of a traditional sentence.
Expungement and Record Sealing
Even after a conviction, there may be options to minimize its long-term impact. Lance Kennedy can help you explore possibilities for expungement or sealing of your record, potentially opening up opportunities that might otherwise be closed to you.
What to Do After Being Arrested for Drug Crimes in Austin
If you’ve been arrested on drug charges in Austin, taking the right steps can significantly impact the outcome of your case:
- Exercise your right to remain silent. Don’t discuss your case with anyone except your attorney.
- Be polite but firm in asserting your rights. Don’t consent to searches without a warrant.
- Document everything you can remember about your arrest and the events leading up to it.
- Don’t discuss your case on social media or with friends and family.
- Contact an experienced drug defense attorney as soon as possible. The sooner Lance Kennedy can start working on your case, the better your chances of a favorable outcome.
Why Choose Lance Kennedy Law to Defend You Against Drug Charges in Austin?
When your freedom and future are on the line, you need more than just a lawyer – you need a dedicated advocate who will fight tirelessly on your behalf. Here’s why Lance Kennedy is the right choice for your drug defense:
Personalized Attention
Your case isn’t just a file number to Lance Kennedy. He takes the time to understand your unique situation, concerns, and goals. You’ll work directly with Lance throughout your case, not be passed off to a junior associate or paralegal.
Aggressive Defense Tactics
Lance Kennedy doesn’t just go through the motions. He approaches each case with a strategic mindset, identifying weaknesses in the prosecution’s case and leveraging them to your advantage. From challenging evidence to negotiating plea deals, he fights aggressively to protect your rights and freedom.
Compassionate Approach to Clients
Facing drug charges can be one of the most stressful experiences of your life. Lance Kennedy understands this and provides not just legal representation, but also emotional support and guidance throughout the process. He’s always available to answer your questions and address your concerns.
Unparalleled Experience and Credentials
Lance Kennedy brings a wealth of experience to your defense:
- Former Assistant District Attorney
- Former Assistant United States Attorney
- Former U.S. Army Judge Advocate
- Handled 7 Federal Jury Trials and 50+ Texas Trials
- Worked with the DEA, Texas Rangers, and other federal and state law enforcement on complex drug crime cases
- Degrees from Southern Methodist University Law School, Harvard University, & University of Texas at Austin
This unique background gives Lance Kennedy a comprehensive understanding of how drug cases are built and prosecuted, allowing him to anticipate the prosecution’s moves and develop effective counter-strategies.
Frequently Asked Questions About Austin Drug Charges
Q: Can the police search my car or home without a warrant?
A: Generally, police need a warrant to search your property. However, there are exceptions, such as if you give consent or if evidence is in plain view. You need to assert your rights politely but firmly and contact a criminal defense lawyer right away.
Q: What's the difference between possession and possession with intent to distribute?
A: Possession charges typically involve smaller amounts for personal use, while possession with intent to distribute involves larger quantities or other evidence suggesting plans to sell the drugs. The latter carries more severe penalties.
Q: Can I get drug charges expunged from my record?
A: In some cases, yes. Texas law allows for expungement or sealing of records under certain circumstances. Lance Kennedy can evaluate your situation and advise on your options.
Q: What if the drugs didn't belong to me?
A: “Constructive possession” means you can be charged even if the drugs weren’t physically on you. However, this can be challenged in court. Lance Kennedy will work to prove you didn’t have knowledge or control of the drugs.
Q: Should I accept a plea bargain?
A: This depends on the specifics of your case. While plea bargains can sometimes result in reduced charges or sentences, they’re not always in your best interest. Lance Kennedy will carefully evaluate any offers and advise you on the best course of action.
Contact an Experienced Austin Drug Defense Attorney Today
The stakes couldn’t be higher when you’re facing drug charges in Austin. Your freedom, your future, and your reputation hang in the balance. But remember – an arrest is not a conviction. With the right legal representation, it’s possible to challenge the charges against you and work towards a positive resolution.
Lance Kennedy has the experience, skills, and dedication to provide the robust defense you need. He understands the complexities of drug laws, the tactics prosecutors use, and the most effective strategies for protecting your rights and freedom.
Don’t let fear or uncertainty paralyze you. Take control of your situation by reaching out to Lance Kennedy Law today. The sooner you involve an Austin criminal defense attorney, the more options you may have for your defense.
Contact Lance Kennedy Law now at (512) 565-8844 for your free, confidential consultation. Let’s work together to protect your rights, preserve your freedom, and chart a path forward.
“To know more about Lance Kennedy and the resources available to you, visit Lance Kennedy’s website. As an experienced attorney, Lance Kennedy can provide crucial guidance and representation in a variety of legal situations and help you strategize the best possible course of action for your case.”
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