G. Thayer Williamson Your Drug Crime Attorney

What is a Drug Free Zone in Texas?

The most common drug free zone is a school. A school is defined as a public or private elementrary or secondary school, or daycare center. Possession of a controlled substance in a drug free zone is defined as being within 1000 feet of public or private elementrary or secondary school, or daycare center. These types of schools are scattered throughout communities in Texas.

Now that you know what a drug free zone is, what is the effect of possessing a conftolled substance in a DFZ? There are two major ramifications. First, possession in a DFZ acts like an enhancement paragraph. In short, this increases the punishment range one degree. For example, possession of cocaine of more than one once, and less than four ounces is a 3rd degree felony. However, in a DFZ it would be a 2nd degree felony.

The second ramification is that a defendant sentenced to the penitentary for posseesion of a controlled substance does not receive ANY good conduct time for the first 5 years of incarceration. If you are sentenced to 5 years TDC, you will serve the entire 5 years. What if you are sentenced to 3 years? You will do the entire 3 years because you will not accrue ANY good conduct time until you have served at least 5 years.

What if you are sentenced to 10 years? That is not an easy question. First, you will serve at least 5 years. After 5 years you will start to accrue good conduct time. In theory, you would be ELIGIBLE (not guarenteed) for parole after you have served 5 years and an additional 20% of the original sentence.

In short, it is very unwise to possess or deal controlled substances in a DFZ. A good lawyer can always try to factually attack the DFZ portion of the indictment, or get it struck as part a plea agreement. In one case, I had my private investigater go to the location of the arrest. Using a laser range finder and google maps, I was able to convice the prosecutor that my client was actually 1080 feet from the school. As a result, the DFZ language of the indictment was dropped.

Contact the Law Office of G. Thayer Williams today to schedule your free consultation and learn how I can fight for you!