San Antonio, TX asked in Criminal Law for Texas

Q: Can a person have a dfz enhancement added to a charge when schools were closed due to covid-19?

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2 Lawyer Answers

A: Short answer, yes. A drug free zone is a geographical location.

A: It depends on the particular facts. If the offense occurred inside a private residence located within a drug-free zone, but the schools were closed due to COVID, you may have a defense under the dfz statute. But, if the offense occurred on the school campus or in a public area within the drug-free zone, it doesn't matter whether the school was open or closed.

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