San Antonio Drug Crime Defense Lawyers

Put the Team with a Former Prosecutor on Your Side

Recreational drugs are so common in our society that drug charges have become prevalent in every state. Texas is no different. Our state’s law enforcement takes these offenses very seriously. Drug charges can happen to people of all walks of life from students to professionals.

If you are caught with even a small amount of marijuana, you are subject to criminal charges in Texas. At Smith & Vinson Law Firm, our San Antonio drug lawyers are completely familiar with all aspects of drug crime charges and procedure, having represented numerous Texans in this field of law. Our team includes a former prosecutor who thoroughly understands how the State of Texas will prosecute you. As trial-tested litigators, we know all the various legal strategies that apply to drug crime defense, whether it is a case of being accused of a small quantity of street drugs, alleged prescription drug fraud, or drug trafficking. We want to hear your side of the story and we can aggressively fight to assert your constitutional rights as we seek to protect your future.

Let Smith & Vinson Law Firm fight for you. Contact a drug lawyer near you at (210) 960-9557 for a free consultation.

Types of Drug Charges in Texas

Some of the many drug crimes in Texas include:

• Possession of a controlled substance
• Possession of marijuana
• Possession with intent to distribute
• Drug manufacturing or cultivation
• Drug trafficking
• Conspiracy

How these drug offenses are charged in Texas will depend on many factors, such as the type and quantity of the drug involved, whether intent to distribute played a part, whether the incident included minors, and whether it occurred in a school zone.

Furthermore, in cases where controlled substances crossed or were intended to cross state lines, the DEA may be alerted. In those circumstances, federal charges may be levied as well.

Drug Possession Penalties

The penalties for drug possession are based on the type of drug involved in the arrest.

For instance, under Possession of Marijuana (Penalty Group I):

• Possession of two ounces or less of marijuana is charged as a Class B misdemeanor, punishable by up to 180 days in jail and/or up to $2,000 in fines
• Two to four ounces of marijuana possession is a Class A misdemeanor carrying penalties of up to a year in a county jail and/or up to $4,000 in fines
• More than four but less than five pounds of marijuana possession is classified as a state jail felony punishable by 180 days up to two years in a state jail and/or up to $10,000 in fines
• More than five but less than 50 pounds of marijuana possession is a third-degree felony punishable by two to 10 years in prison and up to $10,000 in fines
• More than 50 but less than 2,000 pounds of marijuana possession is charged as a second-degree felony carrying penalties of two to 20 years in prison and/or fines of up to $10,000
• More than 2,000 pounds of marijuana possession is charged as an enhanced first-degree felony carrying penalties of five to 99 years in prison and up to $50,000 in fines

Other Controlled Substances

Under Texas law, controlled substances are classified into four penalty groups. These groups are further defined by weight.

In descending order of severity, they are:

• Group I, containing such drugs as cocaine, marijuana, opium, oxycodone, and methamphetamine
• Group II, containing drugs such as mescaline, ecstasy, and amphetamine
• Group III, with such drugs as LSD, Xanax, and valium
• Group IV, containing compounds using smaller amounts of narcotics or medical drugs

Drug Crime Defenses

Under the Fourth Amendment, citizens are protected from unreasonable search and seizure. This means that if law enforcement failed to obtain a search warrant or otherwise violated your constitutional rights, the evidence they seized is not admissible in court. Lacking such evidence, the prosecution will fail to be able to prove its case. Additionally, should police misconduct have occurred when investigating you, such misconduct may work to get your Texas drug charges reduced or your case dismissed.

Often, the evidence brought against you is not as airtight as you might think. What law enforcement asserts as having happened may be very different from what actually occurred. Because of this, our San Antonio drug crime defense lawyers know how crucial it is to conduct a detailed investigation into the arrest so that the whole story can be uncovered.

What Smith & Vinson Law Firm Does

Inexperienced, lazy, or overworked attorneys will often do nothing more than engage in “plea bargaining” with the prosecutor after giving your case a passing glance. Our San Antonio drug crime defense attorneys do not jump to plea bargaining. We believe that pleading guilty to a felony offense only moves you closer to an extended prison sentence. At Smith & Vinson Law Firm, our attorneys use every available legal avenue in your defense. As trial lawyers with a reputation for thoroughness and tough defenses, we will exhaustively review all facets of your case in order to get a handle on how to fight for the best possible results.

Our approach is to start preparing your case for trial from the get-go. Not every case ends up going to trial, but this approach results in our team being better prepared than the opposing side at every phase of the legal process. Because of our extensive preparation, we are likely to elicit better offers from the prosecutor. However, we will never retreat from a courtroom fight when necessary.

When you bring your case to us, we will:

• Conduct our own detailed investigation. Our legal team always reviews your case and the evidence brought forward by the arresting officers to discover what really took place. We do this by interviewing witnesses, listening to your side of the story, and requesting further testing that may work in your favor. Our San Antonio drug crime lawyers will be there every step of the way.
• Aggressively protect your legal rights. Police officers are not without fault. They may often engage in inappropriate, intrusive, or overzealous actions that lie beyond the protections of the Constitution. With our representation, evidence gathered through illegal search and seizure or unlawful interrogation tactics will not be allowed to impact your case.
• Negotiate with the prosecutor. Texas prosecutors frequently use alleged crimes that never really occurred to enhance the defendant’s criminal charges. Pleading guilty to a drug charge can have a serious impact on your life. If this is enhanced to result in even harsher penalties, our team will work aggressively to get charges reduced or removed.
• Find diversion programs. There are many avenues to provide the help you need and to keep you out of jail, even in the face of criminal charges. These include drug education programs and treatment programs that will help put your life back together and keep your record free of future drug charges. Our drug crime defense lawyers strive to find positive solutions for you. In the case of keeping you out of jail, if an option exists to achieve that, our team will find it.

Call Our San Antonio Drug Crime Lawyers - Available 24/7

Drug charges can occur to anyone in an instant. A drug arrest in Texas can be terrifying, especially if you have had little contact with the criminal justice system. If you find yourself in this position, you need immediate legal counsel and protection. You will find aggressive representation from the San Antonio criminal defense attorneys at Smith & Vinson Law Firm. Let us begin fighting for you.

Your initial consultation is free. Call now for a drug crime lawyer near you at (210) 960-9557 to get started.

Texas Drug Crime FAQ

Can I be charged with drug possession if the drugs were not mine?

• Yes, you can be charged with drug possession in Texas even if the drugs were not yours. Prosecutors must prove that you knowingly possessed the drugs, either actually or constructively, meaning you were aware of their presence and had control over them.

Are there any alternatives to incarceration for drug offenses in Texas?

• Yes, Texas offers alternative sentencing options for some drug offenses, such as drug courts, diversion programs, and probation with drug treatment conditions. These programs aim to address the underlying issues of substance abuse and reduce recidivism.

What are the consequences of a drug conviction on my record?

• A drug conviction can have serious consequences, including a permanent criminal record, difficulty finding employment, housing, or educational opportunities, loss of professional licenses, and restrictions on firearm possession.

Can I be charged with drug trafficking for small amounts of drugs?

• Yes, Texas law defines drug trafficking based on the type and quantity of drugs involved, rather than the amount being trafficked. Even small amounts of certain drugs can lead to trafficking charges if there is evidence of intent to distribute or sell.

How can a lawyer help if I've been charged with a drug crime in Texas?

• A skilled criminal defense lawyer can provide invaluable assistance in drug crime cases by examining the evidence, challenging the prosecution's case, negotiating plea agreements, advocating for reduced charges or penalties, and representing you in court if necessary.

What should I do if I've been arrested for a drug crime in Texas?

• If you've been arrested for a drug crime in Texas, it's essential to exercise your right to remain silent and contact a qualified criminal defense lawyer as soon as possible. Your lawyer can advise you on your legal rights, guide you through the legal process, and work to protect your interests.