Austin Drug Crime Attorney

Possession of Controlled Substances in Texas

The Texas Health and Safety Code classifies controlled substances into four penalty groups, with each penalty group further broken down by weight. The penalty groups are (in order of decreasing severity):

• Penalty Group I: Cocaine, Codeine, Marijuana, Oxycodone, Opium, Methadone, Ketamine, and Methamphetamines
• Penalty Group II: Mescaline, Ecstasy, Methaqualone, and Amphetamine
• Penalty Group III: LSD, Xanax, Methylphenidate, and Valium
• Penalty Group IV: Compounds or mixtures that contain limited amounts of narcotics, or one or more active medical ingredients

Penalties for Drug Possession in Texas

The penalties for possession depend on the type of drug alleged. 

As an example, the penalties for the possession of marijuana (Penalty Group I) are below.

• 2 Ounces or Less: Class B Misdemeanor  | Up to 180 Days in County Jail | Up to $2,000 Fine 
• Between 2 & 4 Ounces: Class a Misdemeanor  | Up to 1 Year in County Jail | Up to $4,000 Fine 
• Between 4 Ounces & 5 Pounds: State Jail Felony | Between 180 Days & 2 Years in State Jail | Up to $10,000 Fine 
• Between 5 & 50 Pounds: Third-Degree Felony | Between 2 & 10 Years in Prison | Up to $10,000 Fine 
• Between 50 & 2,000 Pounds: Second-Degree Felony | Between 2 & 20 Years in Prison | Up to $10,000 Fine  
• More Than 2,000 Pounds: Enhanced First-Degree Felony | Between 5 & 99 Years in Prison | Up to $50,000 Fine

Can You Get Probation for a Felony Drug Charge in Texas?

The possibility of probation for a felony drug charge in Texas depends on the specific circumstances of the offense. Generally, first-time offenders with a state jail felony (the lowest level felony) and no prior convictions may be eligible for mandatory probation.  However, probation eligibility becomes more complex for higher-level felonies, larger quantities of drugs, or individuals with a criminal history. An experienced Central Texas drug defense attorney can analyze the details of your case and provide a more precise assessment of your potential probation options.

Potential Drug Crime Defense Strategies

The Fourth Amendment prohibits unreasonable searches and seizures. If the police did not obtain a warrant or violated your rights in any way, the evidence obtained (often the drugs) can be suppressed. Without this crucial evidence, the State of Texas cannot prove its case against you. Additionally, police misconduct during the investigation can serve as a valuable bargaining chip in getting your drug charges reduced or even dropped. Introducing reasonable doubt against the State’s case is critical. Often, the State’s evidence is not as strong as it appears at first glance. What a police officer reports and what actually happened can be two very different things. At Smith & Vinson Law Firm, we understand the importance of conducting a thorough investigation to uncover the complete story and ensure your rights are protected.

What Our Austin Drug Crime Lawyers Do

Other attorneys will do little more than give your case a cursory review before “plea bargaining” with the prosecutor. The Austin drug crime lawyers at Smith & Vinson are not plea lawyers. We are trial lawyers. We aggressively review your case and fight to get the best possible results for our client. From the first day you become our client, we begin to prepare your case for trial. Though every case may not go to trial, it is our experience that when we are more prepared than the prosecutor at every setting and every hearing, you are likely to receive a better offer. We will always be willing to listen to you. Our Austin drug crime lawyers will never back down from a fight and, if needed, we will be ready to go trial.

Pleading guilty to a felony charge gets you one step closer to life in prison. At Smith & Vinson, we take every avenue available to us to find the best possible defense for you. When we take on your case, we will:

• Conduct our own investigation. We will review the evidence thoroughly. We look beyond the police report and find out what really happened. We will interview witnesses, get your side of the story, and request any additional testing.
• Protect your rights. Unfortunately, the “war on drugs” often leads to over-zealous police officers, over-stepping the bounds of the Constitution. When we represent you, we will fight to prevent the fruits of illegal searches and seizures and illegal questioning tactics from being used against you in court.
• Negotiate with the State. It is very common for the State of Texas to enhance charges based on alleged crimes that did not actually happen. Pleading guilty to a drug charge can have devastating consequences. If you are facing an unreasonably severe penalty, we will fight hard to have those charges reduced or eliminated.
• Locate diversion programs. There are many ways to seek the help you need and stay out of jail, even if you are faced with a guilty verdict in a case involving criminal drug charges. Certain qualifying drug education, awareness, and treatment programs will help you get your life back on track and keep your criminal record clean. At Smith & Vinson Law Firm, if there is an avenue to take that will keep you out of jail, our Austin drug crime lawyers will find it.

Drug charges are not reserved for hardened criminals. Anyone can be faced with a drug charge. If you have little to no experience with the criminal justice system, being arrested on a drug charge can be a terrifying experience. If you are facing drug charges, call Smith & Vinson Law Firm today. You need a defense lawyer who can counter the State of Texas’ aggression in the courtroom. Jarrod Smith and Brad Vinson are available 24/7. Let us begin fighting for you.