Criminal Defense
Drug Charges
Possession, possession with intent, and delivery cases under the Texas Controlled Substances Act.
Drug charges in Texas can range from a Class B misdemeanor (small amount of marijuana) to a first-degree felony (large quantity of methamphetamine or fentanyl) with punishments that vary enormously based on the substance, the quantity, and where the charge is filed. South Texas, with its proximity to the border, sees both state and federal drug prosecutions, and the strategy can be very different in each forum.
Drug cases are almost always search-and-seizure cases. The question is rarely whether the substance is what the state says it is - the lab will confirm that - but whether police had legal authority to stop, search, and seize. Bad stops, defective warrants, consent obtained under coercion, and overreach in vehicle searches can all suppress evidence and dismantle the prosecution's case.
Possession with intent to deliver, manufacture, and delivery charges carry significantly higher punishment ranges. Drug-free zones (within 1,000 feet of a school, day care, or other protected location) enhance punishments further. Federal cases bring mandatory minimums and sentencing guidelines that operate on different math entirely.
We handle state drug cases in the Valley's county and district courts, and we work with federal counsel when the case is indicted in the Southern District of Texas. We move to suppress when the law supports it, we negotiate pretrial diversion or drug court where available, and we try cases when the evidence does not match the charge.
Common scenarios
Situations we see often
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Traffic stop search and small-amount possession
An officer pulls you over for a minor traffic infraction, asks for consent to search, and finds a small amount of a controlled substance. Was the consent voluntary? Was the stop pretextual?
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Vehicle search after a "drug-detection dog" alert
A K-9 supposedly alerts and a search produces drugs. The K-9's training records, alert history, and the handler's prompting all come into question.
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Possession with intent based on quantity and packaging
The state alleges intent to deliver based on quantity, packaging, scales, or cash found nearby. We push back on the inference and look at whether the items prove intent or just a user-quantity habit.
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Federal indictment after a border-checkpoint encounter
A Border Patrol checkpoint encounter on US-281 or US-83 leads to a federal indictment. The legal framework and stakes are entirely different from a state case.
What to do
If this happens to you
Do not consent to searches. You have the right to refuse, politely. Do not answer questions about where you have been, who you have been with, or what is in your car. Identify yourself, ask if you are free to leave, and if not, ask for a lawyer.
Do not talk to anyone in jail about the case. Calls are recorded. Cellmates have testified against people they barely knew. Wait until you have spoken with counsel.
How we help
How our firm can help
We request and analyze the offense report, body-worn camera and dash-cam, dispatch records, any K-9 records, the lab report, and every search-related document. We look at every stage of the encounter for Fourth Amendment issues: the basis for the stop, the basis for any extension of the stop, the basis for the search, and the scope of the search.
We move to suppress evidence where the law supports it - even a partial suppression can collapse the state's case. Where the case will proceed, we work toward dismissal, reduced charges, deferred adjudication, drug court, or pretrial diversion. For non-citizens, we always evaluate immigration consequences before any plea.
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~1.5M
drug arrests in the U.S. annually
FBI Crime in the U.S., 2022
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1,000 ft
drug-free zone enhancement radius around schools, day cares, and parks
Tex. Health & Safety Code 481.134
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4 grams
is the threshold for first-degree felony possession of methamphetamine
Tex. Health & Safety Code 481.115(d)
Common questions
Questions about Drug Charges
How serious are drug charges in Texas?
It depends on the substance, the amount, and the alleged conduct. Possession of a small amount of marijuana can be a Class B misdemeanor. Possession of more than 4 grams of methamphetamine is a first-degree felony. Possession with intent to deliver enhances each.
What is a drug-free zone enhancement?
Most drug offenses are enhanced by one punishment range if committed within 1,000 feet of a school, day care, public youth center, playground, or other protected location. Enhancements can also apply for delivery to a minor.
Can I get pretrial diversion or drug court?
Many counties offer pretrial diversion or drug court for eligible first-time, non-violent drug offenders. Eligibility varies and often requires the defendant to plead but with a path to dismissal on successful completion.
I am not a citizen. Will a drug plea affect my status?
Drug convictions - even small possession pleas - can have serious immigration consequences, including deportability and inadmissibility. We evaluate immigration consequences before any plea is made.
Related topics
More under Criminal Defense
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.