San Antonio Drug Possession Lawyer

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

Being arrested for drug possession can feel overwhelming. Texas enforces some of the strictest drug laws in the country, and a conviction can lead to thousands of dollars in fines and years behind bars.

If you face charges, act quickly and work with a strong legal advocate to protect your rights and fight for your freedom. At Hernández Dauphin Legal, we have extensive experience representing clients accused of drug possession and other drug crimes. A drug possession attorney in San Antonio from our firm stands ready to provide the representation you need during this challenging time.

Arrested for drug possession? Call (210) 970-7019 or contact us online for a confidential consultation with an experienced drug possession attorney in San Antonio. Hablamos español.

What Is Drug Possession in Texas?

Texas law prohibits knowingly or intentionally possessing certain controlled substances. The Texas Controlled Substances Act divides illegal drugs into several penalty groups. The specific drug and its quantity determine the possible punishment 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 kind and amount of substance involved. Drug possession convictions bring a range of penalties that vary widely across categories and amounts.

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.

Several factors can also increase the penalties for a drug possession conviction. For example, an arrest for possession near a school can lead to enhanced penalties under state law. If you have a previous drug conviction, the law treats second and subsequent offenses more harshly.

In Bexar County, law enforcement closely monitors drug-free zones around schools and public parks. An arrest for drug possession in these zones often leads the district attorney to pursue additional penalties. Local prosecutors commonly approach enhancements aggressively, making these cases more complex and requiring detailed legal analysis. Knowing how San Antonio courts review and handle enhanced charges helps individuals prepare for the additional scrutiny these cases receive.

How to Beat Drug Possession Charges in Texas

Drug possession charges bring serious consequences, but a conviction is not inevitable. A knowledgeable drug possession attorney in San Antonio can use a range of defense strategies to challenge charges and help protect your future.

Some potential defenses to drug possession charges include:

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

Police must have legal grounds to stop, search, or arrest you. When officers violate your rights, any evidence they collect may be inadmissible in court. If evidence is suppressed, the prosecutor may not have a case, leading to dismissed charges.

Constructive possession requires prosecutors to show you knew about the drugs, could control them, and intended to possess them. A drug possession lawyer in San Antonio can review your case facts and identify defenses relevant to your situation.

San Antonio courts apply Texas drug laws consistently, but every court and judge may approach evidence and pretrial motions differently. Some cases in Bexar County qualify for diversion or treatment programs, especially for people facing their first charge. Defendants might have the chance to request a reduction in charges or enter a rehabilitation program, both of which can significantly affect the case outcome. Early legal advice gives you the opportunity to find the right strategy for your case based on local legal procedures.

What to Do After a Drug Possession Arrest

Getting arrested for drug possession can be frightening. If this happens, remember you have important rights and steps to protect your interests.

After a drug possession arrest, you should:

• Remain silent: You have the right to remain silent and should use it. Never answer questions from the police or provide information that could be used against you.
• Request an attorney: Once you request an attorney, police cannot question you further. A drug possession lawyer in San Antonio will protect your rights and help you through the criminal justice system.
• Cooperate during the arrest: Do not answer questions, but remain calm and cooperate with police instructions. Resisting arrest or being aggressive can make things worse.
• Document the arrest: Try to record as much as possible. Take photos or video at the scene, and write down the officers’ names and badge numbers when you can.
• Call an attorney: After the arrest, contact a drug possession attorney as soon as possible who can explain the next steps and help you prepare for court.

The Bexar County Jail processes all arrestees facing drug possession charges in San Antonio. Knowing which courtroom will handle your case and how to post bond can reduce confusion in the early days. People arrested in downtown San Antonio may have cases assigned to a district courtroom based on the charge and jurisdiction. When you contact a defense attorney right away, you receive guidance based on local rules and timelines. The earlier you prepare, the better you can handle court hearings and required deadlines.

Why You Need a Drug Possession Attorney

Drug possession charges have lasting consequences. A conviction can leave a permanent criminal record, making it tough to find work or housing. The law may also take away your right to vote or own a firearm.

If you face charges, contact a drug possession lawyer as soon as you can. A drug possession attorney in San Antonio will help safeguard your rights and look out for your interests. They will assess the evidence, determine potential defenses, and advocate for the outcome that is best for your case.

At Hernández Dauphin Legal, we provide the representation you need during this crucial time. We explain your legal options and guide you through each phase, from start to finish.

An experienced attorney also understands how local judges and prosecutors handle drug possession offenses. Bexar County courts sometimes offer alternatives to traditional sentences for eligible people. With this background, defense strategies can meet the specific challenges of San Antonio courtrooms. Working with a lawyer familiar with local procedures helps you make well-informed decisions at every step.

The Legal Process for Drug Possession Cases in San Antonio

If you are charged with drug possession in San Antonio, you will go through several stages that can shape your case’s result and timing. After arrest, law enforcement files charges, then your first court appearance—called an arraignment—happens at a Bexar County criminal district court. During arraignment, the judge explains the charges, asks for your plea, and discusses bond. Take this hearing seriously, as it sets the tone for your case.

After the arraignment, you will attend pretrial hearings to review evidence, request discovery, and address possible motions. Bexar County courts follow local rules and strict deadlines, so acting quickly helps you avoid problems. During this stage, your attorney can negotiate with the prosecutor or request a trial based on your case facts. Some cases involve plea discussions, while others go to trial before a judge or jury. Understanding the steps ahead lets you make better choices about your defense. With well-informed guidance, you can navigate San Antonio’s criminal courts more effectively.

Alternative Sentencing & Diversion Programs in Bexar County

Certain people charged with drug possession in Bexar County may qualify for alternative sentencing or diversion programs. These options focus on recovery and reducing repeat offenses, not just punishment. Examples include drug treatment courts, probation with mandatory counseling, or court-supervised community service. The Bexar County Drug Court lets eligible participants work toward recovery and avoid jail by completing treatment and reporting regularly to court.

Each program has strict requirements based on your charge, prior record, and willingness to follow the program. Finishing the program can lead to reduced penalties or even dismissal of charges, giving you another chance as you address substance issues. Attorneys who know the local landscape can explain which programs may fit your circumstances and what participation demands. Learning about your options early helps you decide how to move forward and address the court’s concerns for public safety and recovery.

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.

Our team brings 40 years of combined criminal defense experience to each case. With prior roles as a police officer, prosecutor, and judge, we know how to navigate the intricacies of San Antonio and Bexar County’s legal systems. We investigate your circumstances thoroughly and prepare every case for trial, ensuring no important detail is overlooked. We believe in taking the time to uncover factors that may strengthen your defense or lead to a favorable resolution under local procedures. By offering bilingual services and direct attorney access, we make it easier for all clients across San Antonio to obtain legal guidance they can trust.

Understanding the Impact of Drug Possession Charges

Facing drug possession charges can have serious implications for your life that go beyond criminal penalties. These charges may affect your employment, education, and personal relationships. At Hernández Dauphin Legal, PC, we aim to protect your legal rights and help guide you through these challenges.

Key impacts of drug possession charges can include:

• Criminal Record: A conviction can lead to a permanent criminal record, which can hinder your future employment opportunities and housing options.
• Academic Consequences: For students, a drug conviction may result in academic probation or expulsion from school or university.
• Job Implications: Many employers conduct background checks, and a drug possession charge can jeopardize your current job or future career prospects.
• Emotional and Social Strain: The stress from legal proceedings can take a toll on your mental health and relationships with family and friends.

Having an experienced attorney by your side can help reduce these effects. Our team at Hernández Dauphin Legal, PC takes a holistic approach to your defense, making sure you are informed about your options and any likely outcomes.

San Antonio colleges and universities each enforce codes of conduct that may apply after student arrests. Drug possession on or near a campus can trigger both school and legal consequences. Many local employers require yearly background checks, and a conviction may limit your ability to work in licensed industries like healthcare or security in Texas. Understanding these effects helps you protect your future, especially if you are building a career or education in the area.

Take Action Now

Don’t let drug possession charges dictate your future. Facing these charges can have serious implications for your life beyond criminal penalties, affecting your employment, education, and personal relationships. At Hernández Dauphin Legal, P.C., we aim to protect your legal rights and guide you through these challenges, helping you understand the potential consequences and plan the best defense.