01

When You Are
In Trouble
Experience Matters

James Alston is able to use his unique experiences & knowledge to help get the best results for clients.

02

Former Harris
County Assistant
District Attorney

Assigned to the trial bureau, child abuse division and major fraud division (1994 - 2002).

03

Former Assistant
United States
Attorney

Houston Division of the Southern District of Texas (2002-2006) - Federal Drug Prosecutor.

04

Board Certified
in Criminal Law
by TBLS

Only 1% of licensed attorneys in Texas have qualified for board certification by the Texas Board of Legal Specialization.

Houston
Drug Crimes Attorney

Facing drug crimes is frightening, dangerous, and risky. James Alston takes his duty to defend his clients seriously and from his years of experience as a former State and Federal Prosecutor he has the knowledge and experience to develop a defense strategy to achieve the best result for his clients.

houston drug defense attorney

James Alston is one of the most sought-after criminal defense attorneys in Houston. He uses his experience and understanding of the law and the court system to obtain the best results for his clients.

Expert Federal Drug Crime Attorneys Serving Houston

Being charged with a drug crime in the State of Texas or in Federal Court can result in significant time in prison if convicted. State and federal laws prohibit the possession and distribution of certain drugs. If you have been charged with a drug offense, you need experience you can trust. In his over 30 years of experience in criminal law, Attorney James Alston has worked as both a State and Federal prosecutor. During his time with the United States Attorney’s Office, he was assigned to the Organized Crime Drug Task Force. His experiences allow him to prepare a strategic defense for his clients. Contact Houston Drug Crimes Lawyer James Alston now to schedule a consultation.

Drug Possession Charges

Under the Texas Controlled Substances Act, drugs are classified into Schedules I, II, III, IV, and V. The classification depends on whether the drug has a high potential for abuse, has an accepted medical use, or abuse of that is likely to lead to physical or psychological dependence. Penalties for drug possession charges depend on the type of drug and the amount of the drug possessed.

Drug Trafficking Penalties

The penalties for drug trafficking in the State of Texas can be severe, including up to life in prison for trafficking controlled substances listed under Schedule I or Penalty Group I of the Texas Controlled Substances Act.

Texas Drug Trafficking Offenses

The manufacturing or delivery of controlled substances is unlawful under Section 481.112 – 481.114 of the Texas Controlled Substances Act. Penalties for drug trafficking depend on the type of drug and the amount in possession. Depending on the circumstances of the case, a person can face significant jail or prison time, a fine, or both.

Texas Cocaine Charges

Possession of cocaine or Manufacturing and Delivery of cocaine are severe criminal offenses in the State of Texas and can result in imprisonment from 180 days to life in the Texas Department of Criminal Justice. Cocaine is an illegal substance classified into Penalty Group I of the Texas Controlled Substance Act. If you, or a family member, have been arrested for cocaine charges in Houston, Texas, you need an experienced criminal defense attorney.

Texas Marijuana Charges

Possession or the cultivation of marijuana is still illegal in the State of Texas. Possession of under two ounces of marijuana can lead to up to six (6) months in jail and a fine of up to $2000 or both. Penalties for the possession or sale of marijuana increase depending on the quantity confiscated by law enforcement.

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Prescription Drugs – “Pill Mill”

“Pill Mill” is a term investigators and prosecutors use to describe pharmacists, doctors, or other medical professionals who prescribe or distribute prescription drugs, usually pain pills, for non-medical purposes. Because of the opioid crisis, law enforcement agencies, including the DEA and FBI, are aggressively investigating and prosecuting pharmacists, doctors, and other medical professionals who work at pain clinics or who law enforcement officers and agents think prescribe or dispense an unusually high rate of prescription pain pills.

Drug diversion is the abuse or illegal distribution of prescription drugs or use for purposes not intended by the prescriber. Drug diversion can occur when a doctor, nurse, nurse practitioner, pharmacist, or other medical professional prescribes or provides a narcotic, usually pain pills, to a patient when the drugs are not medically necessary or therapeutic. Law enforcement officers, federal agents, and prosecutor investigate medical professionals who prescribe or dispense large quantities of hydrocodone, alprazolam, and carisoprodol – also known as the “Houston Cocktail” or “Holy Trinity” alleging that the drugs are not medically necessary and are being over prescribed.

Drug diversion cases are usually investigated and prosecuted by federal law enforcement agents, such as the Drug Enforcement Agency (DEA) or the Federal Bureau of Investigation (FBI). Federal charges are usually filed under 21 United States Code §841(c), which carries up to 20 years in federal prison and up to a $5 million fine.

Drug diversion cases can also be investigated and prosecuted in state court under §481.1285 of the Texas Health & Safety Code. If charged in state court the penalties range from a State Jail Felony of 180 days to 2 years in the State Jail or a 3rd degree felony punishable from 2 years to 10 years in prison.
When a medical professional or pharmacist is investigated and prosecuted for drug diversion, their professional license can be severely impacted by either being probated, suspended or revoked; thus, a person can lose their ability to work in their career and chosen profession.

Throughout his career as a Houston Criminal Defense Attorney James Alston has represented many physicians, nurses, nurse practitioners, pharmacists, and other medical professionals who have been investigated and or charged with drug diversion, operating or working at a Pill Mill, or drug possession or distribution. Attorney James Alston has extensive experience and training in federal law enforcement investigative techniques including the use of confidential informants, Title III wire intercepts (telephone taps), cell site tracking devices, and surveillance. As an Assistant United States Attorney, James Alston prosecuted numerous federal cases from the initial stages of an investigation through jury trial. James Alston knows the means and methods that prosecutors use to investigate cases and seek convictions. James Alston uses his experience as a former prosecutor to develop the best and most aggressive defenses for his clients.

As a criminal defense attorney, James Alston has defended many doctors, pharmacists, nurses, and other medical professionals, who have been charged with drug diversion and illegal possession and distribution of drugs, for their involvement, employment or ownership in pharmacies or pain clinics, including Pill Mills. James Alston uses his 30 plus years of experience in the criminal justice system, as both a prosecutor and criminal defense attorney, to develop the best defense for his clients.

Reviews & Testimonials

74 “Five Star” Google reviews

“if I could give him
6 stars, I would”

“James Alston is one of those rare people you run across who do a fantastic job and makes you feel like a friend is taking care of something for you. He is a master of what he does, his staff is always on the ball. James Alston is someone you can trust to provide the legal help that you expect. ”

Paul R.
Yelp review
stars
“will forever
be grateful”

“James Alston knows the hurdles and challenges of legal defense. His decades of walking the halls of Harris County courts, strategic relationships, intentional partnerships, and docket handling has stood the test of time...I appreciate and value James techniques, diligence, knowledge, and care. Will forever be grateful and recommend James for years to come.”

Jay A.
Google review
stars
“you will not be
disappointed”

“It's a difficult situation when you need to find the right attorney to handle your situation, and there are countless attorneys who claim they can -- but never deliver. Stop looking now if you are considering James Alston to represent you, he is the best choice no matter what the situation.”

Wes
AVVO review
stars
“incredible and
prompt advice”

“After discovering some of the positive reviews of Mr. Alston online I decided to give him a call for a consultation... Mr. Alston provided me incredible and prompt advice and didn't even charge me a fee for the call; Incredible service! I will bring any of my future needs to the Law Office of James Alston!”

Kyle
Google review
stars
“made us both
feel comfortable”

“Highly recommended this law firm. Couple of months ago I got into some serious trouble with the law and I needed a good lawyer...The first time we met, he made us both feel comfortable talking about my case and what the plan is for future court. Months later after going in and out of court numerous times, things finally worked out for me. Thanks to Mr.James for his patient and professionalism.”

It’s Andy
Google review
stars
"highly
recommend"

He genuinely cares about the outcome of your case and does everything in his power to get the case dismissed... He is the best attorney in all of Houston and in the U.S.

Ingrid C.
Facebook Review
stars
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Avvo
Board Certified
Super Lawyers
NACDL
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Board Certified
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Case Results

Charge

Driving While Intoxicated

Result

Dismissed

Charge

International Kidnapping

Result

Not Guilty at Trial

Charge

Felony Drug Possession

Result

Dismissed

Charge

Child Pornography

Result

Dismissed

Charge

Civil Rights Violations

Result

Not Guilty at Trial

Charge

Assault of Family Member

Result

Dismissed

Click here View more results

James Alston
Houston criminal defense attorney

With experience as both a former Assistant District Attorney in Harris County, Texas and a former Assistant United States Attorney in Houston, Texas, Attorney James Alston has extensive experience in both the state and federal court systems. James Alston is recognized as one of Houston’s elite criminal defense lawyers. His 30 plus years representing clients in state and federal court have given him exceptional trial skills and the experience and knowledge to obtain incredible results for his clients. Facing criminal charges and all of the resources of the state and all of the resources of the state and federal governments can be scary and overwhelming.

You have a Constitutional Right to an attorney. Experience counts, so make sure you hire a knowledgeable and experienced attorney to represent you against the power and resources of the government.

Attorney James Alston is a Texas native who was born in Beaumont, Texas. He started his legal career as a prosecutor for the Harris County District Attorney’s Office where he served for eight years and gained valuable experience from some of the most talented prosecutors in the country. James Alston moved to the next phase in his illustrious career when he accepted an offer to become a federal prosecutor for the United States Attorney’s Office in Houston, Texas. James Alston was a member of the Organized Crime Drug Task Force where he investigated and prosecuted national and international drug trafficking organizations. James Alston’s vast experience as both a state and federal prosecutor gives him unique experience and skills as a criminal defense attorney in Houston, Texas.

James Alston

Analyzing Drug Crimes On The Federal Level

The United States Drug Enforcement Administration (DEA) This includes bringing to justice individuals or organizations “involved in the growing, manufacture, or distribution of controlled substances.” The DEA primarily enforces the laws and regulations under the Controlled Substances Act.

Why A Drug Crimes Attorney Can Help

Under the Controlled Substances Act, drugs are divided into five (5) schedules based on their potential for abuse and dependence or lack of overall safety. Through the Controlled Substances Act and other federal statues and guidelines, a person can be charged with several different drug crimes depending on the facts and evidence of the case. If you or a family member or loved one is charged with a federal or state drug crime you need Attorney James Alston – a Houston Federal Drug Crimes Lawyer – to represent you, investigate the case, and fight for your freedom.

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Federal Drug Trafficking

According to 21 U.S.C. § 841(a) it is unlawful for a person to knowingly or intentionally “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” 21 U.S.C § 841(b) makes it unlawful for a person to knowingly or intentionally manufacture a counterfeit substance.

Drug trafficking penalties depend on the type and amount of drug that is possessed. Federal drug trafficking criminal penalties can range from probation to life in a federal prison and fines from $250,000 to $10,000,000.

Federal Drug Possession

21 U.S.C. § 844 makes it “unlawful for any person to knowingly or intentionally possess a controlled substance.” Penalties for a 1st offense simple possession charge can include up to one (1) year in federal prison and a fine of not less than $1000. Subsequent simple possession convictions can result in a fine of up to $5,000 and a maximum prison sentence of three (3) years.

Other Related Drug Crimes

In addition to drug trafficking and possession, a federal prosecutor may pursue the following drug-related charges:

  • Attempt and Conspiracy (carries with it the same penalties as the underlying offense if convicted)
  • Narco-Terrorism (21 U.S.C. § 960a)
  • Drug Smuggling (carries a maximum sentence of twenty (20) years in prison if the goods are smuggled into the United States)
  • Racketeering (Charged under RICO)
  • Money Laundering

Defending Against Federal Drug Crime Charges

Being convicted of a federal drug crime can affect your entire life, including your family and career. Drug charges are serious felony crimes that can result years of your life spent in prison. In order to protect your rights and your freedom, you need an experienced Houston Drug Crimes Lawyer. Contact Attorney James Alston today at 713-228-1400.

Hire A Texas Drug Crime Lawyer

The State of Texas takes the possession and manufacturing of drugs very seriously. If you are caught with even a small amount of drugs covered under the Texas Controlled Substances Act, you could face significant jail time. You need a knowledgeable Houston Drug Crimes Lawyer who will fight the charges against you, protecting your rights and your freedom. Attorney James Alston is an experienced Texas Drug Crime Attorney. As a former state and federal prosecutor, Mr. Alston spent years prosecuting drug crimes. Now, he uses that knowledge to help build strategic defenses for his clients. Contact Attorney James Alston at 713-228-1400.

houston drug crimes lawyer

Defending Against Federal Drug Crime Charges

Being convicted of a federal drug crime can affect your entire life, including your family and career. Drug charges are serious felony crimes that can result years of your life spent in prison. In order to protect your rights and your freedom, you need an experienced Houston Drug Crimes Lawyer. Contact Attorney James Alston today at 713-228-1400.

Hire A Texas Drug Crime Lawyer

The State of Texas takes the possession and manufacturing of drugs very seriously. If you are caught with even a small amount of drugs covered under the Texas Controlled Substances Act, you could face significant jail time. You need a knowledgeable Houston Drug Crimes Lawyer who will fight the charges against you, protecting your rights and your freedom. Attorney James Alston is an experienced Texas Drug Crime Attorney. As a former state and federal prosecutor, Mr. Alston spent years prosecuting drug crimes. Now, he uses that knowledge to help build strategic defenses for his clients. Contact Attorney James Alston at 713-228-1400.