Texas is known for having some of the strictest drug laws in the United States, making it important for anyone facing drug possession charges to seek help from an experienced drug possession lawyer in Texas.
At Xavier Law Firm, our Houston drug possession attorneys have successfully defended clients in a wide range of cases, from minor misdemeanors to serious felony charges. If you’re arrested for drug possession, the penalties can be life-altering, ranging from hefty fines and probation to years in prison. Our Houston criminal defense attorneys can potentially reduce your sentence or even get your charges dismissed entirely. Reach out today to discuss your possession charges.
Drug Possession Charges We Defend
Our firm handles a wide range of drug possession charges, including:
- Possession of marijuana, cocaine, methamphetamine, heroin, and other controlled substances
- Possession with intent to distribute
- Possession of drug paraphernalia
- Felony possession charges for large quantities
No matter the substance or the circumstances, our Houston drug possession lawyers will fight to protect your rights and secure the best possible outcome for your case.
Defending Drug Possession Charges
Texas prosecutors must prove that you knowingly possessed a controlled substance. This means that simply being near drugs or having them in a shared space is not enough for a conviction. Our Houston drug possession attorney will aggressively challenge the evidence and look for weaknesses in the prosecution’s case.
Common defense strategies include:
- Lack of knowledge: If you didn’t know drugs were in your possession, you may have a valid defense. For example, if drugs were found in a car you were driving, but belonged to a passenger, this can be a strong defense.
- Valid prescription: If you were arrested with drugs prescribed by a doctor, this can be a strong defense. As long as you have a valid prescription and were using the drugs as directed, you may be able to avoid conviction.
- Insufficient quantity: If the amount found is too small to test, it may not qualify as a “usable amount” under Texas law. In such cases, the prosecution may not be able to prove that the substance is actually a controlled substance.
- Intended for animals: If drugs were meant for animal use, you may be able to avoid conviction. To make this defense valid, you would need to show authorization stating that the drugs found in your possession were not meant for human consumption.
Our team also examines the legality of the search and seizure, and whether your rights were violated during your arrest. If law enforcement conducted an illegal search or failed to follow proper procedure, we may be able to have evidence suppressed or your case dismissed.
Penalties for Drug Possession in Texas
The penalties for drug possession in Texas depend on several factors, including the type and amount of drug found, whether there is evidence of intent to distribute, your prior criminal record, and whether drug paraphernalia was present. Penalties can range from:
- Class C misdemeanor: Up to $500 fine
- Class B misdemeanor: Up to 180 days in jail and/or a $2,000 fine
- Class A misdemeanor: Up to 1 year in jail and/or a $4,000 fine
- State jail felony: 180 days to 2 years in jail
- Third-degree felony: 2–10 years in prison
- Second-degree felony: 2–20 years in prison
- First-degree felony: 5–99 years in prison and up to $50,000 fine
A skilled Houston felony possession lawyer can help reduce these penalties or get your charges dismissed. For example, first-time offenders may be eligible for drug court or pretrial diversion programs, which can lead to a dismissal of charges if certain conditions are met.
Breaking Down the Legal Process Surrounding Drug Possession in Houston
A drug possession case in Houston typically follows these steps:
- Arrest: The Houston Police Department or Harris County Sheriff’s Office makes the arrest. If you are arrested, it’s important to remain silent and request an attorney.
- Initial Appearance: Within 24–48 hours, you appear in court for bail and formal charges. At this stage, your Houston drug possession attorney can argue for a reasonable bail or release on your own recognizance.
- Pre-Trial Motions: Your drug possession attorney may file motions to suppress evidence, challenge the legality of the search, or seek dismissal of charges if there are procedural errors.
- Trial: If a plea deal isn’t reached, your case goes to trial. Your attorney will present your defenses and cross-examine witnesses to challenge the prosecution’s case.
- Sentencing: If convicted, the judge determines your sentence based on the severity of the crime and mitigating factors. Your attorney can argue for a reduced sentence or alternative penalties.
Houston courts have specialized drug court programs and pretrial diversion, which may offer alternatives for eligible first-time offenders. Throughout the process, your Houston drug possession attorney will ensure your rights are protected and your defenses are presented effectively.
Why Choose Xavier Law Firm for Drug Possession Defense?
At Xavier Law Firm, our Texas drug possession attorneys have decades of experience defending clients in Houston and across Texas. Whether you’re facing a misdemeanor or felony charge, our criminal defense attorneys can provide aggressive representation and personalized support every step of the way. Our team is committed to keeping you informed, answering your questions, and fighting for the best possible outcome.
If you or a loved one is facing drug possession charges, contact a Houston drug possession lawyer at Xavier Law Firm today. With our proven track record and commitment to client advocacy, you can trust that your case is in capable hands.
