Being charged with drug conspiracy in Dallas carries severe penalties, including lengthy federal prison sentences and substantial fines. The complexity of conspiracy law means you need experienced legal representation immediately—before you speak to law enforcement or make decisions that could impact your case.
At the Law Offices of Richard C. McConathy, our criminal defense attorneys understand both state and federal drug conspiracy charges. We’ve successfully defended clients throughout Dallas County, with over 1,000 cases dismissed in the DFW area. Contact our experienced Dallas drug defense lawyers today for a confidential consultation.
What is Drug Conspiracy?
Drug conspiracy occurs when two or more people agree to commit a drug-related crime, such as trafficking, distribution, or manufacturing controlled substances. Unlike other drug charges, conspiracy charges can be filed based solely on agreement and intent—no actual drugs need to be found.
Federal prosecutors must prove:
- An agreement existed between two or more people
- The agreement involved plans to violate federal drug laws
- Each defendant knowingly and willfully participated
- At least one overt act was taken in furtherance of the conspiracy
Texas state law follows similar principles, though penalties and procedures differ significantly from federal prosecutions. Prosecutors can rely on recorded conversations, text messages, witness testimony, and circumstantial evidence.
Texas vs. Federal Drug Conspiracy Charges
The jurisdiction dramatically affects potential penalties and legal strategies. Federal cases typically carry harsher sentences and fewer plea opportunities.
| Aspect | Texas State Charges | Federal Charges |
|---|---|---|
| Penalties | Up to life imprisonment | Mandatory minimums: 10 years to life |
| Court System | Dallas County District Courts | U.S. District Court Northern District of Texas |
| Asset Forfeiture | State forfeiture laws | Comprehensive federal forfeiture |
When Cases Become Federal
Cases typically move to federal jurisdiction when involving:
- Large quantities of controlled substances
- Multi-state trafficking operations
- International drug smuggling
- DEA or FBI investigations
- Use of federal facilities (airports, highways, mail system)
Common Scenarios Leading to Conspiracy Charges
Wiretaps and Electronic Surveillance:
Federal agents may monitor communications for months before arrests. Even coded language about “packages” or “business” can be used as evidence.
Confidential Informants:
Law enforcement uses informants to gather evidence through recorded conversations or testimony about alleged agreements.
Association-Based Charges:
Being present during drug transactions or maintaining relationships with known dealers can lead to conspiracy charges without direct participation.
Group Arrests:
When multiple people are arrested together, prosecutors may charge everyone with conspiracy based on presence and alleged knowledge.
Penalties for Drug Conspiracy in Texas
Federal Penalties
- Mandatory minimum sentences: 10 years to life imprisonment
- Fines: Up to $10 million for individuals
- Asset forfeiture: Government seizure of property, vehicles, and accounts
- Supervised release: Additional years of federal probation
Texas State Penalties
- First Degree Felony: 5-99 years or life imprisonment
- Fines: Up to $100,000 depending on drug type and amount
- Driver’s license suspension: Automatic suspension for drug convictions
- Professional license consequences: Loss of medical, legal, or other professional licenses
Defense Strategies We Use
Every case requires tailored defense strategies:
- Entrapment Defense: When government agents induce someone to commit a crime they wouldn’t otherwise commit. This applies when law enforcement uses excessive pressure or persuasion.
- Lack of Knowledge or Intent: Conspiracy requires proof defendants knowingly agreed to participate. We may argue clients were unaware of drug-related activities or lacked specific intent.
- Unlawful Search and Seizure: Evidence obtained through illegal surveillance or searches without warrants may be suppressed, potentially leading to dismissal.
- No Overt Act: Federal charges require proof of at least one overt act. If prosecutors cannot prove concrete steps were taken, conspiracy charges may fail.
- Mistaken Identity: In complex cases, mistaken identity or confusion about participants’ roles can lead to wrongful charges.
How Our Dallas Attorneys Can Help
Richard C. McConathy brings over three decades of criminal defense experience to conspiracy cases. Our comprehensive approach includes:
Evidence Review: Meticulously examining all evidence for procedural errors or constitutional violations.
Motion Practice: Filing motions to suppress illegally obtained evidence that violates Fourth Amendment rights.
Challenge Prosecution Theories: Demanding proof beyond reasonable doubt when cases rely on circumstantial evidence.
Negotiation: Securing reduced charges or cooperation agreements that minimize prison time.
Trial Representation: Taking cases to trial when negotiation isn’t sufficient.
Actual Case Results from Our Firm
Our track record demonstrates commitment to favorable outcomes:
- Possession of Controlled Substance (Felony) – Reduced to Class A Misdemeanor, Dallas County F1334337
- Possession of Controlled Substance – Dismissed, Dallas County F-1425069
- Possession of Controlled Substance – Dismissed, Tarrant County 1304698
- Possession of Controlled Substance (Misdemeanor) – Dismissed, Dallas County M15-18839
Why Choose Our Drug Conspiracy Lawyers
- Over 35 years of criminal defense experience
- Over 1,000 cases dismissed in DFW
- Admitted to practice in Northern District of Texas for federal cases
What to Do If You’re Under Investigation
🚨 Take these immediate steps:
Remain Silent: Exercise your Fifth Amendment right. Do not speak with law enforcement without an attorney present.
Refuse Consent to Searches: You’re not required to consent to searches without a warrant.
Hire an Attorney Immediately: Earlier involvement provides more opportunities to protect your rights.
Avoid Discussing Your Case: Don’t talk about your situation—conversations may be recorded.
Document Everything: Keep records of any law enforcement contact or property seizures.
Contact Our Dallas Drug Conspiracy Defense Team
Drug conspiracy charges demand immediate legal representation. The sooner we begin working on your case, the more opportunities we have to achieve a favorable outcome.
Don’t face these serious charges alone. Call (972) 528-0116 today for a confidential consultation, or contact us online to discuss your case. Time is critical in conspiracy cases.
Frequently Asked Questions
What is a drug conspiracy charge in Texas?
A charge involving an agreement between two or more people to commit a drug-related crime. Prosecution must prove an agreement existed and at least one person took action, even without actual drugs.
Is drug conspiracy a felony?
Yes, typically charged as a felony under both Texas and federal law. The specific degree depends on the type and amount of drugs involved.
Can you go to jail for conspiracy if no drugs were found?
Yes, conspiracy charges don’t require actual possession. Prosecutors can secure convictions based on recorded conversations and circumstantial evidence.
How do you fight a federal drug conspiracy charge?
Through experienced legal representation that challenges evidence, identifies constitutional violations, and develops strategic defenses. Early intervention provides the best opportunities for favorable outcomes.
What’s the difference between possession and conspiracy to distribute?
Possession requires actual control over drugs, while conspiracy involves an agreement to sell or distribute. Conspiracy charges often carry harsher penalties.