Being detained and arrested for drug possession charges in San Antonio, Texas, can feel overwhelming. From fines to potential jail time, the stakes are high and can affect your future in many ways. Working with an attorney who understands Texas drug laws can help you face these uncertainties.
A criminal defense lawyer can examine the specifics of your case and look for ways to protect your rights. If you’re facing drug charges in San Antonio, Texas, it’s important to speak with a legal professional as soon as possible. Contact Barton & Associates Attorneys at Law, PLLC to schedule a free consultation with a San Antonio drug possession lawyer at (210) 500 0000.
How Barton & Associates Attorneys at Law, PLLC Can Help If You’re Arrested for Drug Possession in San Antonio, TX
If you’ve been arrested for drug possession in San Antonio, TX, our team can offer the legal support you need.
Here’s what we can do for you:
- We review the circumstances of your arrest to spot illegal searches or other errors that could weaken the case against you.
- We scrutinize the prosecution’s evidence, making sure lab tests and chain-of-custody procedures were handled correctly.
- We build a strong defense strategy and represent you in court if necessary.
- We can also explore alternatives like diversion programs or treatment options in exchange for charges being dropped.
We’ll do everything we can to protect your rights if you’re facing charges in San Antonio, Texas. Contact Barton & Associates Attorneys at Law, PLLC to schedule a free case review with a San Antonio criminal defense lawyer.
Overview of Drug Possession in Texas
In Texas, drug possession means having unlawful control over a controlled substance, which is placed into different penalty groups according to its potential for abuse and recognized medical use. Even if the drugs are not physically on you, you can still be convicted if the state shows you knew about them and had the power to control them. This is referred to as constructive possession.
Officers and prosecutors often rely on evidence such as where the drugs were found, your connection to that place, and witness testimony. Understanding how Texas classifies and penalizes each substance is a big part of defending against a possession charge.
What Are the Penalties for Drug Possession in San Antonio, Texas?
In San Antonio, Texas, drug possession penalties are determined by the type and amount of the substance involved, as well as the individual’s prior criminal history. Texas classifies controlled substances into various penalty groups, with Group 1—including drugs like cocaine, heroin, and methamphetamine—carrying the most severe penalties.
Possession of less than one gram of a Group 1 substance is punishable by 180 days to 2 years in state jail and fines up to $10,000. Larger quantities can lead to higher-degree felonies, with potential sentences ranging from 2 to 99 years or life imprisonment and fines up to $250,000.
Marijuana offenses are treated separately. Possessing less than two ounces is a misdemeanor, which may result in up to 180 days in jail and a fine of up to $2,000. Penalties increase with larger amounts. Additionally, possessing drugs within 1,000 feet of a school or other designated drug-free zones can lead to enhanced penalties, including increased charges and longer sentences.
If you have any questions about possible penalties you could be facing, contact us to schedule a free consultation.
What Defenses Can Be Raised If I’m Arrested for Drug Possession?
When you face drug possession charges in Texas, there are several legal strategies that a criminal defense team may explore.
Some things your legal team will look at are:
- Unlawful Search or Seizure: If the police violated your constitutional rights while searching your home, car, or person, the court might rule the evidence inadmissible, making it difficult or impossible for the prosecution to prove you are guilty.
- Misidentification: People can be falsely accused when law enforcement or witnesses identify the wrong person as having drugs.
- Lack of Knowledge: You can argue you didn’t know drugs were present, especially if they were discovered somewhere you don’t usually spend your time, like in someone else’s vehicle.
- Valid Prescription: Sometimes the substance is legally prescribed, and showing proof of prescription may resolve the issue.
- Entrapment: If you can show you were induced by law enforcement to commit a crime you otherwise wouldn’t have, entrapment could be used as a defense.
Considering these defenses with an experienced attorney is essential in a drug possession case.
Schedule a Free Case Evaluation With Our San Antonio Drug Possession Attorneys
Dealing with a drug possession charge can be scary and confusing. Having someone in your corner who understands local laws may help you feel more prepared and supported. With our guidance, you can tackle your legal challenges and look for a more positive outcome. Contact Barton & Associates Attorneys at Law, PLLC to schedule a free consultation with a San Antonio drug possession attorney.