Drug Possession Attorney Austin

Drug Possession Charges in Texas

Drug possession charges under these groups can result in extremely severe penalties. The prosecution is often determined and detail-oriented. Defending against these charges requires a thorough understanding of the substance involved and careful review of procedure during arrest and investigation. Prosecutors must prove not only possession but also intent and knowledge, which creates opportunities for legal challenges to the case.

Possession of Controlled Substance Penalty Group 1 or 1-B

• State Jail Felony: Less than 1 gram
• Third-Degree Felony: 1 gram or more but less than 4 grams
• Second-Degree Felony: 4 grams or more but less than 200 grams
• First-Degree Felony: 200 grams or more but less than 400 grams

Possession of a Penalty Group 1-A Substance

• State Jail Felony: Less than 20 abuse units
• Third-Degree Felony: 20 abuse units or more but less than 80
• Second-Degree Felony: 80 units or more but less than 4,000
• First-Degree Felony: 4,000 abuse units or more but less than 8,000

Legal defenses often focus on how the police measured and classified the substance—especially in cases involving LSD, which is measured in abuse units. Promptly distinguishing between actual possession and constructive possession may also impact legal strategies.

Controlled Substance Penalty Group 2 Texas

• State Jail Felony: Less than 1 gram
• Third-Degree Felony: 1 gram or more but less than 4 grams
• Second-Degree Felony: 4 grams or more but less than 400 grams

In Travis County, law enforcement can exercise discretion when charging offenses in Group 2, reflecting evolving attitudes and legal changes. Judges sometimes consider diversion or rehabilitation programs where statutory requirements support alternatives to jail or prison, which depends on the facts and accompanying legal arguments for each case.

Defense strategies may involve disproving possession entirely or showing no criminal intent. Attorneys closely examine chemical reports and how officers conducted searches and seizures, using any missteps or errors to challenge the prosecution's case.

Possession of a Penalty Group 2-A Substance

• Class B Misdemeanor: 2 ounces or less
• Class A Misdemeanor: 4 ounces or less but more than 2 ounces
• State Jail Felony: 5 pounds or less but more than 4 ounces
• Third-Degree Felony: 50 pounds or less but more than 5 pounds
• Second-Degree Felony: 2,000 pounds or less but more than 50 pounds

This group, which often includes synthetic cannabinoids, is subject to frequent changes in law. Staying current on legislative reform and recent court rulings is key to building a sound defense.

Possession of a Controlled Substance Penalty Group 3

• Class A Misdemeanor: Less than 28 grams
• Third-Degree Felony: 28 grams or more but less than 200 grams
• Second-Degree Felony: 200 grams or more but less than 400 grams

Those charged in Austin benefit from collecting any documentation or medical records that show a lawful purpose for possessing substances in Group 3. The courts assess this evidence early, which can be important in hearings or motion practice.

It's crucial to gather facts about how the substances were acquired and possessed. Showing a legal prescription or highlighting gaps in the prosecution’s evidence chain can often shift the case in your favor.

Possession of a Penalty Group 4 Substance

• Class B Misdemeanor: Less than 28 grams
• Third-Degree Felony: 28 grams or more but less than 200 grams
• Second-Degree Felony: 200 grams or more but less than 400 grams

Attorneys in Travis County review police reports and laboratory findings in Group 4 cases to identify discrepancies or mistakes. Mistakes in paperwork or protocol can impact outcomes in negotiations and at trial.

Defending these cases often means challenging the identity of the substance or the process officers used during the arrest. Attorneys with detailed knowledge of state law and local practices can uncover these defenses and protect your rights.

Possession of Marijuana

• Class B Misdemeanor: 2 ounces or less
• Class A Misdemeanor: 4 ounces or less but more than 2 ounces
• State Jail Felony: 5 pounds or less but more than 4 ounces
• Third-Degree Felony: 50 pounds or less but more than 5 pounds
• Second-Degree Felony: 2,000 pounds or less but more than 50 pounds

Austin has local policies designed to reduce arrests for low-level marijuana offenses, although state law still controls prosecutions. People facing marijuana charges in Travis County may encounter both local and state legal approaches, and courts sometimes consider participation in diversion or rehabilitation programs as part of the resolution. Knowing these options helps individuals and their attorneys make informed choices throughout their case.

Although marijuana laws change in many states, Texas still treats the substance as illegal. Detailed understanding of these laws, jury attitudes, and available legal solutions is essential when developing a strong defense or negotiating a favorable resolution.

Penalties for Drug Possession in Travis County & All of Texas

The potential jail or prison time for possessing controlled substances depends on the circumstances in each case. Every offense carries minimum and maximum sentences. After a conviction, the judge may set a penalty up to the maximum or reduce it when specific facts or mitigation apply.

The potential penalties for drug possession in Texas are as follows:

• Class B Misdemeanor: Up to 180 days in jail and/or up to $2,000 in fines
• Class A Misdemeanor: Up to 1 year in jail and/or up to $4,000 in fines
• State Jail Felony: 180 days to 2 years in state jail and/or up to $10,000 in fines
• Third-Degree Felony: 2 to 10 years in prison and/or up to $10,000 in fines
• Second-Degree Felony: 2 to 20 years in prison and/or up to $10,000 in fines
• First-Degree Felony: 5 to 99 years in prison and/or up to $10,000 in fines

In addition to court penalties, a conviction in Travis County or anywhere in Texas can result in loss of driving privileges, failed background checks, and long-term financial costs. Judges in Austin sometimes weigh mitigating factors or alternatives to jail when making sentencing decisions, but these outcomes depend on diligence and familiarity with the local courts.

Understanding your full range of potential penalties matters, because conviction impacts not only legal status but also future employment, housing options, and personal relationships. Reviewing all the options—including plea negotiations and alternative sentencing—can help you and your attorneys pursue the best outcome.

Individuals facing charges for possessing a substantial amount of a controlled substance risk the most severe penalties, including the possibility of a life sentence. For instance, someone convicted of possessing 400 grams or more in Penalty Group 1 or 1-B is exposed to a penalty of 10 to 99 years or life in prison. At Smith & Vinson Law Firm, we recognize the effect that a drug possession charge in Austin can have on your life. That is why we are driven to achieve the best possible result in every case we handle.

Exploring Alternative Sentencing Options

If you face a drug possession charge in Texas, alternative sentencing options may be available. These solutions can reduce the impact of a conviction and help you avoid the full weight of traditional penalties.

In Travis County, courts may offer pretrial diversion, deferred prosecution, or other alternatives for individuals with nonviolent drug possession charges, especially for those who have shown a willingness to rehabilitate. Choosing the right option involves considering both state requirements and resources in the Austin area. Early involvement with diversion programs, such as Travis County Drug Court, may help with charge reduction or potential case dismissal following program completion.

Alternative sentencing options for drug possession charges in Texas may include:

• Drug Diversion Programs: These programs offer a path for rehabilitation rather than incarceration. They may involve drug treatment, counseling, and drug testing.
• Probation: Eligible individuals may serve probation in place of jail time. You remain in the community under court-ordered conditions, like routine meetings with a probation officer.
• Pre-Trial Diversion: Some can complete community service or drug education classes in exchange for the prosecution dismissing charges following successful completion.
• Deferred Adjudication: The judge delays a conviction, and after meeting the conditions of probation, you may be eligible for dismissal.

Choosing an alternative sentence can support rehabilitation while limiting long-term consequences and giving you the chance to move forward without a conviction on your record.

Navigating the Austin Legal System

Austin’s legal environment stands out because of its diverse population and city-specific court procedures. Local knowledge of how Travis County courts and judges approach drug possession cases gives attorneys a strategic advantage. Those facing charges benefit from representation by a team who understands the expectations, practices, and working style of local authorities and court staff.

The Blackwell-Thurman Criminal Justice Center handles many drug possession cases in Austin, which follows unique policies, processes, and scheduling. Bond hearings, arraignments, and pretrial motions all work according to local timelines rather than statewide norms. Remaining aware of schedule changes, court orders, or administrative shifts helps avoid setbacks or delays throughout the case.

The Austin Police Department and Travis County Sheriff's Office investigate and process many local drug possession arrests. Knowing how officers handle evidence, navigate reports, and respond to procedural standards often allows a defense team to challenge improper searches or the admissibility of evidence. Reviewing arrest records closely for potential rights violations is critical when preparing a defense in Travis County.

Community Resources & Support in Austin

People charged with drug possession can find meaningful support through resources across Austin. Several organizations and initiatives offer counseling, addiction recovery, and support services for those seeking to make positive changes. The Austin Recovery Network and Salvation Army branches are well-known for providing counseling and treatment to help with substance-related challenges.

Groups such as Integral Care and Austin Travis County Integral Care offer additional mental health and counseling resources. Many of these organizations partners with the courts to provide documented treatment progress, which can influence sentencing or probation agreements. Utilizing local supports demonstrates your commitment to change and can make a positive impression in both court hearings and meetings with probation officers.

Participation in these local programs may also benefit your personal and professional life by restoring relationships, improving skills, and supporting successful reintegration into the community. Recognizing and relying on programs in Austin is an important part of the overall strategy for many people facing drug possession charges.

How to Fight a Drug Possession Charge in Austin, Texas

Everyone has the right to fight a Texas drug possession charge, and a strong defense strategy can help protect that right. Different defenses apply depending on the facts. One common defense involves challenging the way evidence was obtained, particularly if law enforcement violated your rights during a search or seizure. When police perform a search without a warrant or probable cause, a judge may decide that prosecutors cannot use that evidence at trial.

Court officials in Austin expect legal teams and clients to act quickly when raising procedural defenses. Defense attorneys can request suppression hearings early and determine right away if the police adhered to Texas law and Travis County procedures during an arrest. Taking early action keeps more options open and maximizes opportunities for a positive outcome.

Other defenses may involve showing that you did not know about the controlled substance or that it belonged to someone else. If drugs turn up in a shared space or another person’s belongings, your attorney may be able to argue you had no intent to possess them.

Presenting evidence that the substances were not illegal or that you had a valid prescription is also a possible defense. Occasionally, attorneys assert entrapment if officers convinced or pressured you to commit a crime you otherwise would not have committed.

Defense strategies depend on understanding both state law and your unique facts. Working with a defense attorney who invests time in careful investigation and challenges every weakness in the prosecution’s case increases your chances of achieving the best possible result.

Expungement & Record Sealing After a Drug Possession Case

Many people facing drug possession charges in Austin worry about the long-term impact on their criminal record. In Texas, some individuals may qualify to have their drug possession charges expunged or sealed, depending on the case outcome and fulfillment of legal requirements, such as a not-guilty verdict or successful completion of a diversion program. Sealing a record, also called an order of nondisclosure, restricts who can view your criminal history and provides a fresh start after fulfilling court-ordered obligations. The Travis County court system sets the procedures for these requests, and eligibility may depend on precise court timing. Not every case qualifies, but record sealing or expungement can improve prospects for housing or employment after your case ends.

Knowing when to apply and how to assemble documents matters in Austin because timelines and court filing procedures can differ from other Texas counties. Consulting with a drug possession attorney in Austin who understands the best options and requirements can help you make decisions for your future. Since every situation is unique, reviewing options for expungement or nondisclosure can be a meaningful step toward regaining privacy and opening new doors after a court case concludes.

FAQs

Can I have a drug possession conviction removed from my record in Austin?

Some people in Austin may be able to expunge or seal a drug possession conviction, depending on the case outcome and eligibility under Texas law. Not every case qualifies, so discussing your situation with a legal professional helps determine the next steps.

Do first-time drug possession offenders get jail time in Travis County?

First-time offenders may qualify for alternative sentences or diversion programs instead of jail. The court reviews key factors such as the substance, amount, and criminal history before reaching a decision.

What happens at a drug possession arraignment in Austin?

During arraignment in Austin, the court informs you of your charges, sets bond, and covers release conditions. This step typically begins the formal legal process for drug possession cases in Travis County.