Knowledge of the System
Clayton was in the Organized Crime Division of the Dallas County District Attorney’s Office. He has handled hundreds of drug cases, from small amounts of marijuana to many kilos of cocaine and heroin. Clayton knows how these cases work. He was the lead attorney in jury trials in this division. He picked juries in this division, and did many motions to suppress in this division.
First the State must prove that the search and arrest were legal. Second the State has to have evidence to link a person to the drugs. The State has to show affirmative links that a person actually was in possession of the drugs.
Clayton knows when there is a good search and arrest, and when there is a bad one. If you are being investigated, or have been charged with a drug crime in Dallas, reach out to Clayton to defend your freedom.
Defending Drug Cases
Clayton Smith has a deep understanding of the nuances of drug laws in Texas, enabling him to tailor a defense strategy specific to your situation. He is well-versed in the procedures involved in drug-related cases, including search and seizure protocols, interrogation techniques, and potential constitutional violations.
Clayton’s meticulous investigations gather evidence that supports your innocence, including witness statements, expert opinions, and analyses of lab reports. He will carefully scrutinize the prosecution’s case, identifying any inconsistencies or illegally obtained evidence.
With Clayton’s expertise in negotiation, he can explore the possibility of a plea bargain that aligns with your best interests. If your case proceeds to trial, they will represent you effectively in court, presenting compelling arguments and cross-examining witnesses.
Throughout the legal process, Clayton will provide unwavering support and guidance, ensuring you understand your rights and options. His compassion and understanding will help you navigate this challenging time with confidence.
Clayton knows how to defend your drug crime case, and has the experience to protect your freedom. Clayton knows the judges, prosecutors, and how these cases work, and is willing to go the extra yard for you.
Marijuana Defense Lawyer
Clayton Smith has defended many marijuana arrests in Dallas and Collin counties, ranging from pounds of cannabis, to marijuana vape cartridges (which are a felony). Whether you are facing charges for possession, or distribution- Clayton knows how to approach your case.
While marijuana charges have been decriminalized under 4 oz. for some charges, a ticket for drug possession can still raise hairs to employers. Clayton can work with you to get your marijuana charge removed from your record, and help you put your arrest behind you.
Do Not Wait Until Your Case gets Indicted to Contact Clayton Smith
It is important to contact a drug crimes lawyer as soon as possible, to avoid making any mistakes in your case. From interrogations, to the evidence being used, Clayton will be able to craft a custom defense strategy, and protect you from any traps the prosecution may set.
There are a few ways to defend these cases before indictment. One way is to have an examining trial where the State brings in witnesses to prove that there was at least probable cause for arrest. Examining trials also lock officer’s testimony down and can be used later on down the road in a motion to suppress, or a jury trial. The second way is to present a packet to the Grand Jury to try to get the case no-billed. Clayton presented many cases to the Dallas County Grand Jury while at the DA’s office. Grand Jury packets are very effective. As a Defense Attorney Clayton has used Grand Jury packets to get cases no-billed.
Some Examples of Drug Crimes:
Possession of Marijuana (increased penalties for Delivery of Marijuana)
< 2 ounces – Class B Misdemeanor
2-4 ounces – Class A Misdemeanor
4 ounces – 5 pounds – State Jail Felony
5 – 50 pounds – 3rd Degree Felony
50 – 2,000 pounds – 2nd Degree Felony
> 2,000 rounds – 1st Degree Felony + increased fines
Possession of Penalty Group 1 Drugs – Examples Cocaine, Heroin, Methamphetamine
<1 grams – State Jail Felony
1-4 grams – 3rd Degree Felony
4-200 grams – 2nd Degree Felony
200-400 grams – 1st Degree Felony
> 400 grams – 10-99 or life + increased fines
Delivery or Manufacture of Penalty Group 1 Drugs
<1 grams – State Jail Felony
1-4 grams – 2nd Degree Felony
4-200 grams – 1st Degree Felony
200-400 grams – 10-99 or life + increased fines
> 400 grams – 15-99 or life + increased fines
Aggravating Factors such as a School Zone, Drug Free Zone, Manufacture, or Delivery usually can enhance the punishment range in Drug Cases.
Choose Clayton Smith to Defend Your Freedom
If you are being investigated, or have been arrested for a drug crime, call Clayton Smith today. With 8+ years of experience as a drug crimes defense lawyer, Clayton knows how to handle these cases inside and out.
As a former prosecutor, Clayton knows how evidence will be collected in your case, and how it will be presented at trial. Through his years of experience, Clayton has negotiated many plea bargains that have saved his clients thousand in fines, and decades in prison.
If you are looking for an aggressive advocate to protect your freedom, call Clayton Smith now.
Frequently Asked Questions
The punishment ranges for a drug crimes case in Texas vary depending on the specific drug involved, the amount of the drug, and the defendant’s prior criminal history. In general, however, the penalties for drug offenses in Texas are very severe.
Possession of a controlled substance
- Possession of a small amount of marijuana: A misdemeanor punishable by a fine of up to $2,000 and up to 180 days in jail.
- Possession of a small amount of a controlled substance (e.g., cocaine, heroin, methamphetamine): A state jail felony punishable by a fine of up to $20,000 and up to two years in jail.
- Possession of a large amount of marijuana: A felony punishable by a fine of up to $10,000 and up to two years in prison.
- Possession of a large amount of a controlled substance: A felony punishable by a fine of up to $20,000 and up to 10 years in prison.
Delivery of a controlled substance
- Delivery of a small amount of marijuana: A state jail felony punishable by a fine of up to $20,000 and up to two years in jail.
- Delivery of a small amount of a controlled substance: A third-degree felony punishable by a fine of up to $10,000 and up to 10 years in prison.
- Delivery of a large amount of marijuana: A second-degree felony punishable by a fine of up to $20,000 and up to 20 years in prison.
- Delivery of a large amount of a controlled substance: A first-degree felony punishable by a fine of up to $50,000 and up to life in prison.
Manufacturing of a controlled substance
- Manufacturing of a small amount of a controlled substance: A second-degree felony punishable by a fine of up to $20,000 and up to 20 years in prison.
- Manufacturing of a large amount of a controlled substance: A first-degree felony punishable by a fine of up to $50,000 and up to life in prison.
These are just general guidelines, and the specific penalties for a drug crimes case in Texas will vary depending on the specific facts of the case. If you have been charged with a drug crime, it is important to contact an experienced criminal defense attorney to discuss your case and your options.
In addition to the penalties listed above, defendants convicted of drug offenses in Texas may also be subject to:
- Forfeiture of property: The seizure and sale of assets used in the commission of the crime.
- Probation: A period of supervised release during which the defendant must comply with certain conditions, such as regular drug testing and counseling.
- Community service: Unpaid labor for the benefit of the community.
- Restitution: Payment of compensation to the victim of the crime.
A criminal conviction for a drug offense can also have a number of collateral consequences, such as:
- Loss of employment: Many employers have policies against hiring individuals with criminal convictions.
- Loss of housing: Many landlords have policies against renting to individuals with criminal convictions.
- Loss of professional licenses: Individuals with criminal convictions may be unable to obtain or maintain professional licenses.
- Difficulty obtaining loans: Individuals with criminal convictions may have difficulty obtaining loans from banks and other financial institutions.
- Difficulty obtaining public benefits: Individuals with criminal convictions may be ineligible for certain public benefits, such as food stamps and welfare.
You should reach out to a drug crimes lawyer as soon as possible. Whether you are investigation, or have been charged, contact a lawyer to make sure you are not falling into traps set by the prosecution.
If you make a mistake during an investigation, it is irreversible. You need an expert advocate on your side that will educate you on your rights, and protect your freedom.
Possession of a Marijuana Cartridge:
- 1 gram or less – State Jail Felony (6 months – 2 Years incarceration and up to $10,000 Fine).
- 1-3.99 grams – Third-Degree Felony (2-10 Years, $10,000 Fine).
- 4-399.99 grams – Second-Degree Felony (2-20 Years, $10,000 Fine).
- 400 grams or more – Lifetime Felony (5-99 Years or Life, $50,000 Fine).
Possession with intent to manufacture or deliver Marijuana Cartridges:
- 1 gram or less – State Jail Felony (6 months – 2 Years incarceration and up to $10,000 Fine).
- 1-3.99 grams – Second-Degree Felony (2-20 Years, $10,000 Fine).
- 4-399.99 grams – First-Degree Felony (5-99 Years, $10,000 Fine).
- 400 grams or more – Lifetime Felony (10-99 Years or Life, $100,000 Fine).
Clayton’s experience, compassion, and dedication to his clients separates him from other drug crimes lawyers.
Clayton’s years of experience as a prosecutor help him to see through the prosecution’s attacks, and provide a better defense for his clients.
Throughout your entire case, Clayton will keep you up-to-date and educated about what is going on in your case.
Case Results
Short Probation on Felony and Marijuana Case Dismissed
Client Arrested Felony Drug Dealing Case And Marijuana
- Police officers see Client completing hand to hand drug transaction.
- Client arrested for dealing drugs and small amount of marijuana in pocket.
- Attorney Clayton Smith convinced prosecutors to dismiss marijuana case and give client the statutory minimum amount of probation for a felony (2 years deferred adjudication).
Received 21 Days County Jail on 12.44A
Client Facing up to 2 Years State Jail
- Client got caught with drugs, she already had been to prison.
- Attorney Clayton Smith asked for 12.44a, meaning felony conviction, but county jail time.
- Defendant got time served, ended up in county jail only 7 days when facing up to 2 years State Jail.
6 Months Deferred Adjudication Misdemeanor Probation
Client Arrested with Felony Drugs (Methamphetamine)
- Client arrested for Possession of a Controlled Substance < 1 gram (Methamphetamine).
- Client went to AA / NA on his own and passed his own drug tests.
- Attorney Clayton Smith convinced prosecutor to give client misdemeanor probation.
