San Antonio Drug Possession Lawyer

Aggressive Defense for Drug Charges in San Antonio, Bexar County & Surrounding Areas

Being arrested for drug possession can be an intimidating experience. The state of Texas has some of the strictest drug laws in the country, and a conviction can result in thousands of dollars in fines and years behind bars.

If you are facing charges, it is important to take the situation seriously and retain a strong legal advocate to protect your rights and fight for your freedom. At Hernández Dauphin Legal, we have extensive experience representing clients charged with drug possession, as well as other drug crimes. Our San Antonio drug possession attorney is prepared to provide the aggressive representation you need during this difficult time.

Call our office today at (210) 970-7019 or submit an online contact form to request a confidential consultation to speak to an experienced San Antonio drug possession lawyer. Hablamos español.

What Is Drug Possession in Texas?

Texas law makes it illegal to knowingly or intentionally possess certain controlled substances. The Texas Controlled Substances Act classifies illegal drugs into several different penalty groups. The specific drug and the amount of the drug possessed will determine the penalty for a drug possession conviction.

Some common illegal drugs and their penalty groups include:

• Group 1: Cocaine, heroin, methamphetamine, ketamine, oxycodone, GHB, and LSD
• Group 2: MDMA/ecstasy, mescaline, PCP, and amphetamines
• Group 3: Anabolic steroids, Valium, Ritalin, and Xanax
• Group 4: Compounds that contain limited amounts of narcotic drugs

Penalties for Drug Possession in Texas

The consequences of a drug possession conviction in Texas depend on the type and amount of the drug possessed. In general, drug possession is a serious offense, and a conviction can result in a wide range of penalties.

The penalties for drug possession in Texas are as follows:

• Class C Misdemeanor: Possession of fewer than 2 ounces of marijuana. Punishable by a fine of up to $500.
• Class B Misdemeanor: Possession of 2 to 4 ounces of marijuana. Punishable by up to 180 days in jail and a fine of up to $2,000.
• Class A Misdemeanor: Possession of 4 ounces to 5 pounds of marijuana. Punishable by up to 1 year in jail and a fine of up to $4,000.
• State Jail Felony: Possession of 5 to 50 pounds of marijuana. Punishable by 180 days to 2 years in jail and a fine of up to $10,000.
• Third-Degree Felony: Possession of 50 to 2,000 pounds of marijuana. Punishable by 2 to 10 years in prison and a fine of up to $10,000.
• Second-Degree Felony: Possession of 2,000 to 10,000 pounds of marijuana. Punishable by 2 to 20 years in prison and a fine of up to $10,000.
• First-Degree Felony: Possession of more than 10,000 pounds of marijuana. Punishable by 5 to 99 years or life in prison and a fine of up to $50,000.
• State Jail Felony: Possession of fewer than 28 grams of a Penalty Group 1 drug (such as cocaine or heroin). Punishable by 180 days to 2 years in jail and a fine of up to $10,000.
• Second-Degree Felony: Possession of 28 to 200 grams of a Penalty Group 1 drug. Punishable by 2 to 20 years in prison and a fine of up to $10,000.
• First-Degree Felony: Possession of more than 400 grams of a Penalty Group 1 drug. Punishable by 10 to 99 years or life in prison and a fine of up to $100,000.

Certain factors can also enhance the penalties for a drug possession conviction. For example, if you are found in possession of drugs near a school, the penalties will be enhanced. Additionally, if you have a previous drug conviction, you may face more serious consequences for a subsequent conviction.

How to Beat Drug Possession Charges in Texas

Although drug possession charges are serious, a conviction is not a foregone conclusion. There are many defense strategies that an experienced drug possession lawyer can use to fight the charges and help you avoid a conviction.

Some potential defenses to drug possession charges include:

• Illegal search and seizure
• Unlawful arrest
• Constructive possession
• Valid prescription
• Crime lab analysis
• Actual innocence

In some cases, the police may not have had a legal reason to stop you or search you or your vehicle. If the police violated your rights in any way, any evidence they obtained may be inadmissible in court. This means that the prosecution will not be able to use the evidence against you, which may result in the charges being dropped.

Constructive possession is another potential defense to drug possession charges. To prove that you were in constructive possession of the drugs, the prosecution must show that you knew the drugs were present, you had the ability to control the drugs, and you had the intent to possess them. An experienced drug possession attorney can evaluate the facts of your case and determine which defenses may be available.

What to Do After a Drug Possession Arrest

Being arrested for drug possession can be a frightening experience. However, it is important to stay calm and remember that you have rights.

After a drug possession arrest, you should:

• Remain silent: You have the right to remain silent, and you should exercise that right. Do not answer any questions from the police, and do not provide any information that could potentially be used against you.
• Request an attorney: Once you have requested an attorney, the police cannot question you any further. An experienced San Antonio drug possession lawyer can protect your rights and help you navigate the criminal justice process.
• Cooperate during the arrest: Even though you should not answer any questions, you should still cooperate with the police during the arrest. Resisting arrest or acting aggressively can make the situation worse.
• Document the arrest: If possible, you should try to document the arrest. Take pictures or video of the scene, and write down the names and badge numbers of the arresting officers.
• Call an attorney: After the arrest, you should call a drug possession attorney as soon as possible. An attorney can help you understand your rights and explain what to expect in the coming days and weeks.

Why You Need a Drug Possession Attorney

Drug possession charges are serious and can have a lasting impact on your life. A conviction can result in a permanent criminal record, making it difficult to find employment or housing. Additionally, a conviction can also result in the loss of certain rights, such as the right to vote or own a firearm.

If you are facing charges, it is important to contact a drug possession lawyer as soon as possible. Our San Antonio drug possession attorney can help you understand your rights and protect your interests throughout the legal process. They can also evaluate the evidence against you, determine which defenses may be available, and fight for the best possible outcome in your case.

At Hernández Dauphin Legal, we are committed to providing the aggressive representation you need during this difficult time. We can help you understand your legal options and guide you through the legal process from start to finish.

How Our Firm Can Help

If you are facing drug possession charges, do not hesitate to contact our firm to discuss your situation with our San Antonio drug possession attorney. We can help you understand your legal options and develop a personalized legal strategy. Our team is committed to providing compassionate and responsive legal representation, and we will work tirelessly to protect your rights and fight for your freedom.

Call our office today at (210) 970-7019 or submit an online contact form to request a confidential consultation to speak to an experienced San Antonio drug possession lawyer. Hablamos español.