Dallas Drug Free Zone Designations Pose Problems
Drug Free Zones can be critical in Texas drug cases. These are called DFZ by law enforcement and prosecutors.The prosecution uses the finding of a Drug Free Zone to enhance the punishment in certain drugs cases. To put it simply if there is a finding made that the offense was committed in a Drug Free Zone the punishment range will usually go up one degree. For example if you were charged with a third degree Intent to Deliver the punishment range would be enhanced to a Second Degree felony with a Drug Free Zone finding.
The second reason prosecutors like to use Drug Free Zone findings is the negative effects it has on parole. In a case where the defendant is sentenced to prison time with a DFZ finding a person can not accrue good time until they have served 5 years in prison. If a person receives less than 5 years they will have to serve all the sentence.
Police officers know the effects of a DFZ finding and will go out of their way to work the facts so that the offense takes place in a DFZ. If the case is an undercover buy the undercover officer or the confidential informant working under the detectives control will set up a drug buy in a DFZ so that the defendant can be charged with this enhancement.
If you are charged with a drug offense and there is a Drug Free Zone designation it is important to hire an experienced Dallas Drug Attorney to re[resent you. Just because the police allege that the crime occurred in a DFZ doesn’t mean the evidence will prove that allegation. An experienced Dallas Drug Attorney will be able to explore all defense to the case and guide you through the criminal justice system.