A drug arrest can feel like the end of the road. It is not. Drug cases in Texas turn on details: what the substance is, how much there was, where it was found, and how police found it.
I have seen drug cases from every seat in the courtroom: as a defense lawyer, a judge, and a prosecutor. I know what the State has to prove, and I look hard at whether it can.
What you’re facing
Texas sorts most controlled substances into “penalty groups” in the Texas Health and Safety Code. The level of the charge depends mainly on the penalty group, the weight, and whether the State says you meant to sell or deliver it.
Some common examples:
- Penalty Group 1 (this group includes drugs such as cocaine and methamphetamine): possessing less than one gram is a state jail felony. One gram to less than four grams is a third-degree felony. Four grams to less than 200 grams is a second-degree felony. The weight counted includes any mixing agents, not just the pure drug.
- Marijuana: possessing two ounces or less is a Class B misdemeanor. More than two ounces up to four ounces is a Class A misdemeanor. Larger amounts are felonies.
- Delivery or possession with intent to deliver is charged more harshly than simple possession of the same amount. In Texas, “deliver” can include offering to sell.
To give a sense of scale, a state jail felony carries 180 days to 2 years in a state jail. A third-degree felony carries 2 to 10 years in prison, and a second-degree felony carries 2 to 20 years.
What the State has to prove
In most possession cases, the State has to show that you knowingly possessed the substance. That can be a real question when drugs are found in a shared car, a shared home, or a place more than one person could reach.
The State also has to prove what the substance was and how much it weighed. That usually means a lab test. Testing records, chain of custody, and how the weight was measured all matter.
What to do now
- Do not consent to searches of your phone, car, or home, and do not answer questions about the case without a lawyer.
- Keep your paperwork from the arrest and release, including bond conditions.
- Write down what happened during the stop or search while it is fresh: who was there, what was said, and what you were asked.
- Stay off social media about the case.
- Call me before your first court date.
How I can help
Many drug cases are decided by how the evidence was found. I review:
- Whether the stop, detention, or entry was lawful.
- Whether any search was based on a valid warrant, valid consent, or another legal reason.
- Whether your statements were taken properly.
- Whether the lab work supports the substance and weight charged.
- Whether there is real proof that the drugs were yours.
If evidence was obtained unlawfully, it may be challenged in court. Depending on the facts and your history, there may also be options other than trial or a guilty plea. I will walk you through each one.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
The drugs were in my car, but they were not mine. Can I still be charged? Yes, people are sometimes charged in that situation. But the State has to prove you knowingly possessed the drugs. Being near them is not always enough.
Does it matter that I had a prescription? It can. Possession of a controlled substance obtained under a valid prescription is treated differently. Bring any prescription records to your consultation.
Why does the weight matter so much? The weight often decides the level of the charge, and the line between levels can be small. That is why the lab results deserve a close look.
Will I go to jail on a first drug charge? It depends on the charge, the amount, your history, and the court. I can give you a clearer picture after I review your case.
Talk with me about your case
Call me at (346) 366-7566 for a free consultation. You can also email kyle@vancedefense.com.