Former Federal and State Prosecutors Defending Drug Charges in Austin
Are you or someone you love facing drug charges in Austin, Texas? The fear, uncertainty, and anxiety can be overwhelming. You probably wonder what this means for your future, family, and freedom.
While things may seem bleak now, you have rights, but you need a knowledgeable legal advocate to help you assert those rights and devise a strong defense for you.
As experienced Austin drug defense attorneys, we understand the emotional turmoil you’re going through. We stood beside countless individuals who’ve found themselves in similar situations, guiding them through the complex legal maze with compassion, dedication, and unwavering commitment.
The decisions you make now will shape your future. That’s why you need a skilled criminal defense attorney in your corner. At Lance Kennedy Law, we have the knowledge, experience, and strategic mindset to protect your rights and fight for the best possible outcome. Don’t let fear paralyze you – take the first step towards reclaiming your life.
Drug charges can be confusing and intimidating. Let’s break down some key aspects you need to know:
State vs. Federal Drug Charges in Austin
Drug charges can be prosecuted at either the state or federal level, each with its own laws, procedures, and potential consequences.
State Charges: The State of Texas handles most drug cases in Austin. These charges typically involve smaller quantities of drugs and are prosecuted in state courts.
Federal Charges: The federal government may prosecute cases involving large quantities of drugs, crossing state lines, or part of a larger conspiracy. Federal charges often carry harsher penalties and are tried in federal courts.
Travis County handles the majority of Austin drug cases. Charges arising in surrounding areas may be heard in Williamson County or Hays County courts. We bring meaningful experience in both the state and federal systems, which is critical when an investigation involves overlapping jurisdictions or when federal exposure is a real possibility. Lance Kennedy has personally tried seven federal jury trials and more than 50 Texas jury trials.
Drug Offenses Handled and Penalties Under Texas Law
Texas classifies controlled substances into penalty groups under the Texas Controlled Substances Act, and the penalty group combined with the quantity determines the offense level and punishment range. We handle drug-related cases at both the state and federal level, including:
Possession
Possession of Penalty Group 1 substances, including cocaine, heroin, methamphetamine, and opioids, carries the harshest penalties, ranging from a state jail felony for less than one gram to a first-degree felony with a potential life sentence for 400 grams or more. Marijuana is charged separately and ranges from a Class B misdemeanor to a felony depending on quantity.
Distribution and Manufacturing
Selling or delivering a controlled substance is typically a felony, with penalties comparable to or exceeding possession charges for the same substance and amount. Manufacturing charges, including possessing chemicals with the intent to produce a controlled substance, carry similar ranges. Our team worked directly with the DEA and Texas Rangers, giving us direct knowledge of how these cases are built.
Trafficking
Large-scale drug trafficking charges, particularly at the federal level, can result in mandatory minimum sentences and fines reaching into the millions of dollars. Sentencing enhancements apply when an offense occurs within 1,000 feet of a school, playground, or youth center, or when weapons or minors are involved.
The Importance of Hiring a Local Drug Defense Attorney
When facing drug charges, having a knowledgeable attorney by your side can make all the difference. At Lance Kennedy Law, we provide personalized legal representation tailored to the unique nuances of Austin's legal landscape. Here are some compelling reasons why hiring a local drug defense attorney is crucial:
In-Depth Understanding of Local Laws: Austin's drug laws can vary significantly from those in other regions. Our team is well-versed in local statutes and regulations, ensuring that you receive the most relevant and effective legal strategies.
Established Relationships with Local Courts: A local attorney often has established relationships with judges and prosecutors, which can be advantageous in negotiations or case proceedings. We leverage these connections to advocate vigorously for your rights.
Familiarity with Local Legal Resources: We know the local system inside and out, from court procedures to available diversion programs. This knowledge enables us to explore every possible avenue for your defense.
Community Insight: As a part of the Austin community, our firm understands the social and cultural factors that may impact your case, allowing us to craft a defense that resonates with both legal and community standards.
Facing drug allegations is a serious matter that should not be taken lightly. Our experienced attorneys at Lance Kennedy Law are committed to fighting for your rights and securing the best possible outcomes for our clients. Don't leave your future to chance; contact us today for a consultation and take the first step towards your defense.
Navigating Your Legal Options with a Skilled Advocate
At Lance Kennedy Law, we believe that being charged with a drug offense doesn't have to define your future. Our experienced Austin drug defense attorneys are committed to providing personalized legal strategies tailored to your unique circumstances. We understand the complexities of drug laws and the impact they can have on your life and future prospects.
Here are some key factors we consider when building your defense:
Case Evaluation: We conduct a thorough review of the circumstances leading to your charges, ensuring all evidence and procedural aspects are examined.
Identifying Defenses: Our legal team searches for potential defenses, such as violations of your rights during the arrest or unlawful search and seizure.
Plea Bargaining: In some cases, negotiating a plea deal may be in your best interest. We will explore options that can reduce charges or penalties.
Trial Representation: If your case goes to trial, our attorneys will be your dedicated advocates in the courtroom, fighting tirelessly for your rights.
Choosing the right attorney can make all the difference in the outcome of your case. With a deep understanding of both state and federal laws, Lance Kennedy Law is here to guide you through every step of the legal process.
Don't leave your future to chance—contact us today for a confidential consultation with our drug crime lawyer in Austin.
Factors Affecting Sentencing
Several factors can influence the severity of a sentence, including:
Prior criminal history
Type and penalty group of the drug involved
Quantity of the substance
Presence of weapons
Proximity to a drug-free zone within 1,000 feet of a school, playground, or youth center
Involvement of minors
Role in the offense (leader vs. minor participant)
These factors can shift a charge from a misdemeanor to a felony, or from a lower-degree felony to a higher one, significantly changing the punishment range. We carefully evaluate every sentencing factor to identify opportunities to reduce charges or minimize penalties.
Representation at Every Stage of the Criminal Process
We represent clients at every stage of a drug case, from the moments after arrest through trial and beyond:
Arrest and Booking: The moments immediately after an arrest are critical for preserving rights and laying the foundation of a defense. We can advise on rights and what to avoid saying from the earliest stage.
Bail Hearings: Conditions of release affect a client’s ability to participate in their own defense while the case is pending. We advocate for reasonable bail terms that allow our clients to remain engaged throughout the process.
Pre-Trial Motions: We file motions to suppress evidence, dismiss charges, or exclude prejudicial information, targeting investigative gaps, Fourth Amendment violations, and procedural failures before the case reaches a jury.
Trial: Our team has tried hundreds of state and federal jury trials. When a case must go before a jury, we are prepared to present a complete, evidence-based defense.
Sentencing: If a conviction occurs, we pursue mitigating factors, alternatives to incarceration, and deferred adjudication where available.
Appeals: When legal errors occurred during the trial process, we can help navigate the appeals process to address them.
Legal Defense Strategies for Drug Cases in Austin
There is no single defense that fits every drug case. The strategy we pursue depends on the facts, the evidence, the charge, and the client’s goals. The approaches we apply include:
Challenging the Evidence
We scrutinize the legality of every search and seizure under the Fourth Amendment. Drug test reliability, chain of custody, informant credibility, and whether probable cause actually existed are all common targets. A motion to suppress evidence that was unlawfully obtained can lead to charges being reduced or dismissed before trial.
Negotiating from a Position of Strength
Our former prosecutor experience informs every plea negotiation. We understand what motivates the other side and what the government considers a strong versus a weak case. That perspective lets us negotiate from an informed position and pursue the most favorable terms the facts support.
Alternative Sentencing Options
Depending on the offense and a client’s history, alternatives to traditional sentencing may be available, including:
Drug court programs
Rehabilitation in lieu of incarceration
Probation or deferred adjudication
Community service
Expungement and Record Sealing
After a qualifying resolution, expungement or record sealing can reopen employment, housing, and licensing opportunities. If a client is eligible under Texas law after their case resolves, we file the expunction at no additional cost beyond court filing fees. Our flat fee covers the case through trial, with no additional charge if the matter goes before a jury.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
The steps you take immediately after an arrest can meaningfully affect how your case develops. Contacting our firm as early as possible expands the options available for your defense. In the meantime:
Exercise your right to remain silent. Don’t discuss your case with police, cellmates, family members, or anyone else until you’ve spoken with an attorney.
Don’t consent to searches. Be polite but firm. Refusing consent to a search without a warrant is your right, and that refusal can’t be used against you.
Avoid social media. Anything posted online before your case is resolved can be used in court.
Document what you remember. Write down everything you recall about the stop, the search, and the arrest, and share that information with counsel as soon as possible. Those details help build the factual foundation of your defense.
Contact a drug defense attorney in Austin as soon as possible. The earlier we can begin reviewing your case, the more options remain available.
Why Choose Lance Kennedy Law for Drug Defense in Austin?
Not every criminal defense firm has prosecuted the same types of cases they now defend. Ours has. Our team includes a former Assistant United States Attorney, a former Assistant District Attorney, and multiple former state and federal prosecutors who spent their early careers building drug cases alongside the DEA, ATF, HSI, Border Patrol, and the Texas Rangers. That experience means we know how evidence is gathered, how charges are filed, and where the government’s case can be challenged.
Former Prosecution Background
We don’t speculate about how prosecutors approach drug cases. We’ve handled them from the other side. That knowledge informs how we evaluate evidence, identify investigative gaps, and challenge procedural failures in every case we take.
Board Certification in Criminal Law
Two attorneys at our firm are Board Certified in Criminal Law by the Texas Board of Legal Specialization. Board Certification reflects substantial involvement in complex criminal matters, tested knowledge, and peer review. It signals a depth of experience that goes beyond general criminal defense practice.
Serious Trial Experience
Prosecutors make different decisions when they know the defense team has genuinely tried cases. Lance Kennedy has personally tried seven federal jury trials and more than 50 Texas jury trials. Our team collectively has handled hundreds of state and federal jury trials and thousands of criminal cases across Texas. We prepare every case to go to trial, which can position our clients better in every negotiation.
Military Legal Background
As a former U.S. Army Judge Advocate, Lance Kennedy brings disciplined preparation and structured strategy to high-stakes proceedings. That background adds a layer of rigor to how we approach complex drug cases at both the state and federal level.
Client-Focused Commitments
More than half of our closed cases this year were dismissed with no conviction, no jail, and no fines. Our flat fee covers your case through trial with no additional charge if the matter goes before a jury. If you’re eligible for expungement under Texas law after your case resolves, we file it at no additional cost beyond court filing fees. We work to minimize unnecessary court appearances and streamline proceedings wherever possible. Payment plans are available.
Contact an Austin Drug Crime Lawyer Today
An arrest isn’t a conviction. The earlier you involve a drug defense attorney in Austin, the more options remain available. We offer a free, confidential consultation to discuss your charges and what a defense can look like for your situation.
Call Lance Kennedy Law now at (737) 324-7540 or contact us online to schedule your free, confidential consultation with our drug crime attorney in Austin.
Generally, police need a warrant to search your property. However, there are exceptions, such as if you give consent or if evidence is in plain view. You need to assert your rights politely but firmly and contact a criminal defense lawyer right away.
Possession charges typically involve smaller amounts for personal use, while possession with intent to distribute involves larger quantities or other evidence suggesting plans to sell the drugs. The latter carries more severe penalties.
In some cases, yes. Texas law allows for expungement or sealing of records under certain circumstances. Lance Kennedy can evaluate your situation and advise on your options.
“Constructive possession” means you can be charged even if the drugs weren’t physically on you. However, this can be challenged in court. Lance Kennedy will work to prove you didn’t have knowledge or control of the drugs.
This depends on the specifics of your case. While plea bargains can sometimes result in reduced charges or sentences, they’re not always in your best interest. Lance Kennedy will carefully evaluate any offers and advise you on the best course of action.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
