Skilled Drug Charge Lawyers Fight for Your Freedom in Texas
South Texas has strict laws regarding the possession, distribution, and use of controlled substances.
If you are accused of any type of drug crime in San Antonio, such as drug possession or distribution, seek a competent San Antonio controlled substance attorney immediately.
Many people are surprised to learn that they can lose their freedom for possession of marijuana or other substances. The truth is that the Lone Star state has very little tolerance for anyone who breaks drug laws.
The charges are severe whether you are arrested for possession, drug paraphernalia, or distribution. And without experienced defense counsel, you could lose your job and freedom.
At Austin Hagee Law Firm, PLLC, we help Texans just like you to fight drug charges every day.
Our award-winning drug charge lawyers are ready to take your case if you are charged with cocaine possession, selling methamphetamine, or simple marijuana possession.
To schedule a free consultation to speak with one of our skilled drug charge lawyers in Texas, call 210-500-3700 or contact us online.
What Are Texas Controlled Substance Laws?
The Texas Controlled Substances Act (TCSA) regulates drugs and substances within the state. It sorts them into five “schedules” or groups based on how likely they are to be misused and whether they offer any medical benefits.
Schedule I drugs include drugs like heroin, which is highly addictive and has no accepted medical use. Certain cough medications are classified as Schedule V, which means they are less likely to be abused and have legitimate medical uses.
The TCSA sets punishments for possessing, distributing, or manufacturing controlled substances.
It also specifies guidelines for dispensing prescription drugs, regulation of pharmacies, and laws applying to medical professionals. The TCSA aims to prevent drug abuse while protecting public health and safety.
Types of Drug Crimes in Texas
Drug possession penalties in Texas vary depending on the type and amount of drugs involved. For smaller quantities of drugs like heroin and cocaine, the penalties typically range from six months to two years in jail, along with fines of up to $10,000.
However, if the possession involves more than 400 grams of heroin or cocaine, the penalties become much more severe, including imprisonment for 10 to 99 years and fines of up to $100,000. It’s crucial to understand the specific drug laws in Texas to be aware of the potential consequences.
As former prosecutors, our San Antonio controlled substance attorneys have seen it all. Whether you are arrested for the distribution of fentanyl or selling cannabis, our legal team understands the gravity of your situation.
Depending on the circumstances of your arrest, the prosecution may charge you with any of the following drug crimes:
- Prescription drug fraud,
- Drug paraphernalia,
- Drug trafficking,
- Drug possession with intent to distribute, or
- Drug possession.
We frequently represent South Texans facing charges for:
- Marijuana,
- THC concentrates,
- Heroin,
- Cocaine,
- Prescription drugs, or
- Methamphetamine.
Ultimately, the details of your case will determine the type of defense strategy we employ. For example, the type of defense we tailor for a college student accused of marijuana possession will be fundamentally different than any tactic we use to defend against someone accused of trafficking methamphetamine.
Out-of-State Controlled Substance Prescriptions: A Legal Gray Area
Texas law generally requires a prescription from a licensed physician in the state for you to possess a controlled substance legally.
However, there are exceptions. A valid prescription from a doctor licensed in another state may be recognized in Texas under specific circumstances, such as:
- The prescription must be from a licensed physician in good standing,
- The prescription must be written for a legitimate medical purpose,
- The medication must be in its original container with the doctor’s information and dispensing pharmacy label, or
- You establish care with a Texas doctor who continues your out-of-state prescription for a legitimate medical condition.
If you are found with a controlled substance, you may be required to provide documentation of your out-of-state controlled substance prescriptions to law enforcement. If in doubt, seek advice from a Texas attorney and your doctor.
Texas law does not accept medical marijuana cards from other states, meaning you cannot use prescription marijuana from another state here without a Texas Medical Marijuana Prescription.
San Antonio Drug Crime Penalties
In Texas, the penalties you face for a drug crime conviction vary based on many factors:
- Your criminal history,
- The drug in question,
- The quantity of the drug you are alleged to possess/distribute,
- The method by which you stored or concealed the controlled substance, and
- Any possession of additional drug paraphernalia.
At the very least, a drug crime conviction will result in a Class B or Class A misdemeanor on your record. You could face up to one year in jail and fines of up to $4,000.
Below are some examples of common drug crimes and the penalties they carry:
- Possession of cocaine — Under 1 gram is a state jail felony with an incarnation sentence between 6 months to 2 years. First-time offenders may be eligible for probation. It’s a third-degree felony to possess 1-4 grams of cocaine. Possessing between 4 and 200 grams of cocaine is a second-degree felony, punishable by 2 to 20 years in jail and a $10,000 fine.
- Manufacturing cocaine — For manufacturing under 1 gram of cocaine, the Texas Health and Safety Code (481.112) states you will be fined $10,000 and receive jail time of 180 days to 2 years. If you are convicted of manufacturing over 400 grams of cocaine, the punishment is a $250,000 fine and/or 15 to 99 years in prison.
- Meth Possession — For the possession of less than 1 gram of meth, you will receive a $10,000 fine and up to 2 years in prison. The crime is a third-degree felony with a $10,000 fine and 2 to 10 years in prison if you possess between 1 to 3.99 grams of meth. Possessing 4 to 199 grams of meth is a second-degree felony, punishable by a $10,000 fine and 2 to 20 years in prison.
- Marijuana possession — If you possess less than 2 oz of marijuana, you will be charged with a Class B misdemeanor. If convicted, you face up to 180 days in county jail and/or a fine of up to $2,000.
- Possessing meth paraphernalia — Includes hollowed-out pens, bottle caps, needles, and more. If convicted, you face a fine of up to $500.
These are only a few examples of common drug crimes we handle. No matter what type of controlled substance you are accused of possessing, distributing, cultivating, or manufacturing, our legal team is ready to fight for you.
What Defenses Are Available for Controlled Substance Charges?
Several legal strategies can be employed to defend against drug charges in Texas, but the specific approach will hinge on the unique details of your situation. Here are some potential avenues:
- Illegal Search and Seizure. If law enforcement violates your Fourth Amendment rights during a search, the evidence they obtain may be deemed inadmissible in court. Consulting an attorney immediately is crucial to determine if this applies to your case.
- Lack of Knowledge. You may be able to argue that you were unaware the substance you possessed was illegal. This defense often requires demonstrating a genuine lack of knowledge supported by evidence and witness testimonies.
- Valid Prescription. Possessing a controlled substance with a valid prescription from a licensed Texas doctor can be a defense, but only if the prescription adheres to all state regulations regarding quantity, dosage form, it was held in a proper container, and used for a legitimate medical purpose.
- Entrapment. This defense applies in situations where law enforcement pressured or induced you to commit a crime you wouldn’t have otherwise engaged in. Building a strong entrapment defense requires meticulous gathering of evidence and witness testimonies to demonstrate this manipulative behavior.
- Improper Handling of Evidence. If law enforcement mishandled or improperly stored evidence, it could potentially be excluded from court proceedings. A thorough investigation into any potential mishandling is essential to strengthen your defense.
Consulting with a qualified controlled substance lawyer is crucial to determine the most suitable defense strategy for your case.
Controlled Substance Lawyer FAQ
What Pain Medication Is Not a Controlled Substance?
Many over-the-counter pain medications like ibuprofen, acetaminophen (Tylenol), and naproxen (Aleve) are not considered controlled substances under the TCSA. However, it’s crucial to remember that misusing even these medications can be dangerous and have legal consequences. Always follow the recommended dosage and consult your doctor if you experience any adverse side effects.
When to Call a Controlled Substance Lawyer in San Antonio
If you find yourself in any of the following situations, seeking legal guidance from a skilled controlled substance lawyer in San Antonio is essential:
- You’ve been arrested for possession of a controlled substance, including commonly abused drugs like THC oil and cocaine,
- You’re unsure if your pain medication falls under the TCSA,
- You’re concerned about the legality of an out-of-state prescription, or
- You face charges related to prescription fraud or doctor shopping.
A controlled substance lawyer can help you navigate the complex legal system and ensure your rights are protected. They can also guide you on potential defenses and strategies to minimize the impact of your situation.
Should I Speak to Law Enforcement Without an Attorney Present?
A person accused should not speak to law enforcement without legal representation. Law enforcement officers are trained to gather evidence and build a case against you. Having an attorney present protects your rights and ensures you don’t unintentionally incriminate yourself. It is always your best course of action to have legal representation before any interaction with law enforcement.
Do First-Time Drug Offenders Go To Jail in Texas?
Whether first-time drug offenders go to jail in Texas depends on a complex web of factors, including the specific type and amount of controlled substance involved, prior criminal history, and even the county where the offense occurred.
While jail time is certainly a possibility, there’s good news: for less serious offenses, a skilled attorney can explore alternatives to incarceration such as substance use programs that allow first-time offenders to avoid a criminal record altogether by completing treatment and community service. Also, an attorney may be able to get you a Pretrial Diversion deal that allows you to avoid any formal record and get a complete expunction later on.
Can I get a Lesser Charge, or Have the Charges Dropped?
The possibility of securing a reduced charge or dismissal of your case depends on the specific details of your situation. In some Texas counties, diversion programs exist for the possession of small amounts of marijuana intended for personal use.
A controlled substance lawyer can thoroughly evaluate your case and explore all potential options available in your specific circumstance. This is why you want an attorney that has secured these options before for other clients.
What Happens if I’m Found with Someone Else’s Controlled Substances?
Texas applies the legal concept of “constructive possession,” which means you can be charged with possession even if the drugs aren’t directly on your person, but you have knowledge and control over them.
Proving ownership is essential to mount a strong defense. A drug possession lawyer can help you fight back against such charges, and in certain situations, this can result in your case being dismissed.
Can I Expunge a Controlled Substance Conviction from My Record?
Texas allows the expungement of certain criminal convictions under specific circumstances. A controlled substance lawyer can advise you on your eligibility and guide you through the expungement process, which may involve petitioning the court and representing you in hearings. It should be noted that the expungement process is tedious and slow, but the finished result is often worth it.
How Much Does a Controlled Substance Lawyer Cost?
The cost depends on several factors, including the complexity of your case and the lawyer’s experience. Many lawyers offer free consultations to discuss your situation and provide an initial cost estimate.
Most misdemeanor controlled substances cases range from $4,000 – $10,000, while felony charges range from $7,500 to $50,000+, depending on the situation. If you face financial difficulties, the state is required to appoint you a public defender.
While public defenders provide a necessary service, they often have too much work and too little time to speak to you regularly about your case. In some situations, the workload from the appointment wheel may stop a public defender from being able to examine all aspects of your case, which can result in non-optimal case results.
Contact an Aggressive San Antonio Drug Charge Lawyer
When it comes to drug crimes, few states are as strict as Texas. In an effort to deter drug offenders, the Lone Star state has some of the harshest laws and penalties in the country.
At Austin Hagee Law Firm, PLLC, we believe many of these draconian laws are unjust. If you or a loved one is arrested for any kind of drug offense in Texas, call 210-500-3700 or contact us online to schedule a free consultation and speak to an experienced drug possession attorney today.
We routinely help clients defend against the following types of drug charges:
- Possession,
- Possession of drug paraphernalia,
- Intent to distribute,
- Delivery of drugs, and
- Sales, cultivation, and trafficking.
Rest assured, we are ready to protect your rights and freedom. Payment plans are available.