Seeing the words "intent to deliver" on a bond sheet is a gut punch, especially if you never sold anything to anyone. A charge that sounds like it belongs in a cartel case may have started with a routine traffic stop, a few small bags, and a phone full of texts.
As Fort Worth drug trafficking attorneys, we defend people charged with delivery and possession with intent to deliver throughout Tarrant County. We focus on the gaps in the State's proof, because that is where these cases are won or lost.
Talk with our attorneys about your charge by calling (817) 810-0088. Sloane Law Firm handles criminal defense only, and our office is open Monday through Friday, 8:00 AM to 4:00 PM.
Your future is at stake—do not hesitate to contact the Sloane & Routledge Law Firm
Is Drug Trafficking a Separate Crime in Texas?
Texas law has no standalone crime called drug trafficking or drug sales. Police reports and news stories use those words, but prosecutors file the case as manufacture or delivery of a controlled substance, an offense that also covers possession with intent to deliver.
Three details explain what that charge actually covers:
- For cocaine, methamphetamine, heroin, and fentanyl, the offense is defined in Texas Health and Safety Code Section 481.112, and companion sections cover the other penalty groups and marijuana.
- On Tarrant County paperwork, the charge usually shows up as a short code such as MAN DEL CS PG 1, followed by a weight range.
- Delivery does not require money to change hands. Texas defines it to include an actual or constructive transfer and even an offer to sell, which is why a single text message sometimes ends up at the center of a case.
What Evidence Do Prosecutors Use to Say I Was Selling Drugs?
Prosecutors rarely have a witness to an actual sale, so they build intent to deliver out of circumstantial evidence. They point to quantity, packaging, scales, cash, and phone records, then ask a jury to conclude the drugs were meant for sale rather than personal use. Each of those items has an ordinary explanation, and our job is to put that explanation in front of the court.
Quantity and Packaging
A larger amount than a typical user keeps on hand is usually the State's starting point. Several small bags or individually wrapped portions push the argument further. Buying in bulk to save money, or storing drugs in more than one container, does not make someone a dealer.
Scales and Cash
Digital scales and cash turn up in plenty of homes that have nothing to do with drug sales. We look at where each item was found, whether it was anywhere near the drugs, and whether the cash lines up with a paycheck, tips, or a recent bank withdrawal.
Phone Records in a Drug Trafficking Case
Texts and payment-app transfers tend to carry the most weight with jurors, and they are also the easiest to misread. Slang, jokes, and friends splitting costs often get presented as sales. We review the full phone extraction, not just the handful of messages the State chose to highlight.
Statements at the Scene
Many intent cases turn on something a person said during the stop or in an interview room. Whether those statements were voluntary, properly warned, and accurately reported are all questions a judge may be asked to decide.
What Penalties Come With a Delivery or Possession With Intent Charge?
Texas grades delivery and possession with intent to deliver by the drug's penalty group and its aggregate weight, which includes cutting agents and fillers. For nearly every drug, even the smallest amount is a felony, and each weight threshold moves the charge up a level. Possessing under one gram of a Penalty Group 1 drug is a state jail felony, but possessing one to four grams with intent to deliver jumps to a second-degree felony.
Penalty Group 1 Delivery Ranges
Penalty Group 1 includes cocaine, methamphetamine, heroin, and fentanyl.
| Aggregate weight | Offense level | Punishment range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days to 2 years, fine up to $10,000 |
| 1 gram to less than 4 grams | Second-degree felony | 2 to 20 years, fine up to $10,000 |
| 4 grams to less than 200 grams | First-degree felony | 5 to 99 years or life, fine up to $10,000 |
| 200 grams to less than 400 grams | Enhanced first-degree felony | 10 to 99 years or life, fine up to $100,000 |
| 400 grams or more | Enhanced first-degree felony | 15 to 99 years or life, fine up to $250,000 |
Other Drugs Charged Under the Delivery Statutes
- Penalty Groups 2 and 2-A, including THC concentrates, MDMA, and psilocybin: state jail felony under one gram, second-degree felony from one to four grams, and first-degree felony from four to 400 grams.
- Penalty Groups 3 and 4, including Xanax, steroids, and low-dose codeine: state jail felony under 28 grams, second-degree felony from 28 to 200 grams, and first-degree felony from 200 to 400 grams.
Marijuana Delivery and Trafficking in Tarrant County
Marijuana has its own delivery statute and starts lower. Giving away a quarter ounce or less is a Class B misdemeanor, and selling that same amount is a Class A misdemeanor. Delivering more than a quarter ounce is a state jail felony, and the range climbs with weight from there.
Does a Drug-Free Zone Make a Delivery Charge Worse?
A drug-free zone allegation makes a Texas delivery charge more serious. When the State ties a delivery or possession with intent charge to one of these zones, the case carries a higher offense level or a longer minimum sentence and a larger fine, depending on the charge and the location. The zones are measured from the property line of the protected location, not from the building itself.
Texas drug-free zones cover:
- Anywhere within 1,000 feet of a school, college campus, youth center, or playground
- Anywhere within 300 feet of a public swimming pool or video arcade
- The inside of a school bus
The State generally does not have to prove you knew a school or playground was nearby, which makes the measurement itself the fight. Officers often estimate distance from a patrol car, and a few feet may decide whether the enhancement applies at all.
If the State has alleged a drug-free zone in your case, call (817) 810-0088 so we can start checking the location records before your first court date.
Will a Fort Worth Drug Trafficking Case Stay in State Court?
Most delivery cases investigated by Fort Worth police or the Tarrant County Sheriff's Office stay in state court. Cases built by federal agents may instead be filed in the U.S. District Court for the Northern District of Texas, where the penalties and the process change considerably.
What Changes in Federal Court
Federal drug trafficking charges fall under 21 U.S.C. Section 841. Weight-based mandatory minimum sentences apply, and federal prison offers no parole.
Signs a Case May Go Federal
Large quantities, drugs moved across state lines, controlled buys or wiretaps run by the DEA or a federal task force, and firearms found with the drugs all raise the odds. If federal agents were present at your arrest, tell us right away. Decisions made in the first weeks often shape which court ends up with the case.
How Do Our Fort Worth Drug Trafficking Attorneys Fight These Charges?
Our defense targets the three things the State has to prove in every delivery case: that the evidence was obtained lawfully, that you knowingly possessed the drugs, and that you intended to deliver them. When any one of those falls apart, the charge changes or the case ends. Our work usually follows this order:
- Test the stop and the search. Most delivery cases start with a traffic stop or a warrant. If officers extended the stop without reasonable suspicion or searched beyond what the law allowed, we move to suppress the evidence.
- Challenge possession. Drugs in a shared car, apartment, or bag are not automatically yours. Texas requires facts linking you to the drugs beyond simply being nearby.
- Separate intent from quantity. We build the personal-use explanation with real facts and show where the State's assumptions stop holding up.
- Check the lab weight. Aggregate weight should not include bags or containers, and separate items should not be lumped together to reach a higher tier.
- Question the informant. Controlled buys often depend on a confidential informant working off a case of their own, and a jury deserves to hear about that arrangement.
What Happens After a Delivery Arrest in Tarrant County?
A felony delivery case in Tarrant County starts with a magistrate setting bond, moves to a grand jury, and then proceeds in a felony court. Most of the real defense work happens in the months between arrest and resolution.
Bond and Conditions
Bond in delivery cases often comes with conditions such as drug testing, GPS monitoring, and travel limits. A violation may send you back to jail, so we walk through every condition with you at the start.
Grand Jury and Felony Court
A felony charge generally needs an indictment before it moves forward. Once the grand jury acts, the case goes to a Tarrant County felony court for hearings, negotiations, and, if needed, trial.
Building the Defense
During this stretch we gather body-camera video, lab reports, and phone extractions, file motions, and negotiate. Some cases end in dismissal, some in a reduced charge, and some in trial, and we explain every option plainly before you make any decision.
Why Choose Sloane Law Firm for a Drug Delivery Case?
- Criminal defense is all we do. Drug and weapons charges sit at the center of our practice, and we never take cases outside criminal law.
- Our office is near the courthouse. We work out of 933 W Weatherford St in downtown Fort Worth, close to the Tarrant County courts where most of our cases are heard.
- You talk to your lawyer. Clear, direct communication shapes how we handle every case, from the first call to the final hearing.
- Recognized trial attorneys. Ian Perez-Routledge is a Texas Super Lawyers Rising Star and an Avvo Clients' Choice Award recipient, and Alexis Archer has been named to the National Trial Lawyers Top 40 Under 40.
Fort Worth Drug Delivery FAQs
Is possession with intent to deliver always a felony in Texas?
Possession with intent to deliver is a felony for every penalty group, starting at a state jail felony for the lowest weights. Marijuana is the exception at small amounts, where delivering a quarter ounce or less is a misdemeanor. The felony level rises as the aggregate weight crosses each threshold in the statute.
How much do you need to have to get charged with intent to deliver in Texas?
No set amount triggers an intent to deliver charge in Texas. Prosecutors decide based on the full picture, including quantity, packaging, scales, cash, and messages. A small amount split into several bags may be charged as intent to deliver, while a larger amount in one container may still be filed as simple possession.
Is it possible to get a delivery charge reduced to possession?
Reducing a delivery charge to simple possession is sometimes possible when the intent evidence is weak. A reduction lowers the punishment range and may open the door to deferred adjudication or a diversion program. Whether prosecutors agree depends on the evidence, the weight, and your record, so no one should promise that result.
Can I get probation for a drug delivery charge in Texas?
Probation, called community supervision in Texas, is available for many delivery charges. Eligibility depends on the offense level, the weight, any drug-free zone finding, and your prior record. The highest weight tiers limit the options considerably. We review where you stand at the first meeting so you know what is realistic.
Your Intent Is Not the State's to Assume
A delivery charge rests on what prosecutors believe you planned to do, and belief is not proof. The sooner we see the evidence, the more options stay open. Until we talk:
- Keep your bond paperwork and note the charge code listed on it.
- Do not discuss the case with investigators, and avoid talking about it on jail phones, which are recorded.
- Write down who was present and what officers said while your memory is fresh.
Call Sloane Law Firm at (817) 810-0088 to discuss your case with a Fort Worth drug defense attorney. We are available Monday through Friday, 8:00 AM to 4:00 PM. Protecting the Dallas - Fort Worth Metroplex.