Drug Crimes

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. He 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 also when there is a bad one.

There are many ways to defend drug cases. Hire someone who knows the system. Hire someone who knows the Assistant District Attorneys/prosecutors. Hire someone who knows the Judges. Hire someone who knows how drug cases work. Hire Clayton Smith.

Even if the search and arrest were legal and the drugs were in your possession, Clayton will work to get the best deal possible for you. He has seen so many of these cases that he knows when a plea bargain offer is a good one and when it is a bad one. He knows what a case is worth. If needed, he will take your case to a jury trial.

Do not wait until your case gets indicted to contact Clayton Smith. 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.

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