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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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515 Pecan Blvd. McAllen,

Texas, United States 78501
Tel.  +1 956-267-9898 

Can You Get in Trouble for Texting About Drugs in Texas?

Jan 15, 2024

Can You Get in Trouble for Texting About Drugs in Texas?

For texts about drug-related activities, the interface between digital communication and criminal law in Texas makes for an intriguing intersection. Texting about drugs is risky, even if you don't appear to be doing anything wrong you might get tangled up in drug cases. Keep reading to learn more about the potential consequences of texting about drugs in Texas and how a criminal defense attorney can assist you.

  • Can You Get in Trouble for Texting About Drugs?
  • What Happens if Your Name Appears in a Drug Dealer’s Phone?
  • The Right to Remain Silent
  • Potential Outcomes of a Police Investigation
  • The Role of Probable Cause and Search Warrants
  • Navigating the Legal Landscape
  • Immediate Steps to Take
  • Conclusion

Can You Get in Trouble for Texting About Drugs?

Yes, you can potentially get in trouble for texting about drugs. While the mere act of sending texts or phone calls about drugs may not necessarily be illegal in itself, it can lead to several legal complications and risks:


  1. Evidence of Criminal Intent or Involvement: Messages concerning illegal drugs can be used as proof to charge a suspect with criminal intent or involvement in drug deals. This is especially true when the texts talk about buying, distributing  or selling drugs.
  2. Association with Drug Dealers: For example, if the police find out that texts appear on a drug dealer's phone they may make you one of the suspects in a criminal case. If the police believe they have probable cause to do so, they can investigate your involvement and may in turn question or even place you under surveillance.
  3. Conspiracy Charges: Sometimes, if the texts show a plan or an agreement to sell drugs, even before dealing actually takes place you could be arrested on charges of conspiracy.
  4. Context Matters: The content and the context of texts are important. Casual-or joking-texts about drugs rarely get the attention of an official, whereas direct discussions concerning a specific drug transaction or illicit use may be evidence enough to send one into prison.
  5. Digital Evidence: Text messages are a kind of digital data that can easily be retrieved, stored and used in court. Even if one or more cell phones are wiped clean, forensic experts can often still get the texts back.
  6. Legal Ramifications: Depending on the nature of the texts and any ensuing investigation, you could face various charges, from minor offenses to more serious charges like drug trafficking or distribution.


Of course, laws and their enforcement greatly vary from jurisdiction to jurisdiction. In some areas, law enforcement officers may forcefully pursue drug-related communications. Some focus more on actual drug deals and physical evidence of possession or distribution of drugs. If you are concerned that some of these communications may be illegal, it is best to seek legal advice.


Related: If Drugs Are Found in A House, Who is Responsible?

What Happens if Your Name Appears in a Drug Dealer’s Phone?

If the police question a suspected drug dealer and find your name or even one digit of your number in their phone, linked to texts about illicit drugs, then you could be caught up in an investigation. At first it would simply be in the role of witness. But then things might change, perhaps even giving rise to suspicions that you yourself were involved in drug operations.

What Happens if Your Name Appears in a Drug Dealer’s Phone?

If your name, along with text messages and phone call records are discovered in a drug dealers 'phone the police can keep track of what you're up to; they can follow every phone conversation that comes into or goes out of it.


But to search your home, car or even mobile phone and electronic devices, the police need a search warrant; one text sent alone is not enough evidence of probable cause. Still, one should exercise caution when using digital channels to communicate about sensitive issues such as drug use.

The Right to Remain Silent

Upon being contacted for questioning, it's vital to remember your rights, particularly the right to remain silent and consult an attorney. Any statement you make could have legal ramifications.

Potential Outcomes of a Police Investigation

  1. No Action: If evidence against you on illicit activities is insufficient, sometimes no further action will be taken.
  2. Ongoing Investigation: If there are reasonable grounds for suspicion, the investigation can be prolonged by more thorough surveillance and interrogation.
  3. Arrest and Prosecution: Where your probe turns up a lot of evidence, you often too will land in jail and be indicted under Chapter 481-Texas Health & Safety Code (which covers drug offenses).

The Role of Probable Cause and Search Warrants

Establishing Probable Cause


In order to search or seize lawfully, the police must provide evidence that you are suspected of a crime. This can be brought on by your name or information about calls and text messages being found among a drug dealer's call records, but very rarely alone.


Criteria for Search Warrants


A judge issues warrants to search on the basis of evidence produced. These warrants are narrow in focus, and they form an essential building block of the legal procedure for searching your property or digital devices.

Navigating the Legal Landscape

Immediate Steps to Take

If you find yourself in this predicament, seeking legal counsel should be your first course of action. A competent criminal defense attorney can assess the situation, guide you through your rights, and provide the necessary legal representation.

Conclusion

The line between just chatting about drugs in Texas and becoming an object of a criminal investigation can turn out to be surprisingly thin. Being aware of the legal ramifications of digital communications and taking timely action to seek out a lawyer are necessary in dealing with these situations.


For experienced and dedicated legal representation if you are facing criminal charges, contact The Law Office of Rolando Cantu. Know your rights! Contact us for a consultation. Let us help you to find your way through the legal maze and safeguard your rights.

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