Compassionate and Strategic Drug Possession Defense Representation
If you have been charged with drug possession, you are likely and understandably stressed about your future. You may be frustrated if you are confident the controlled substance wasn’t yours or you had no idea it was technically in your possession. The unfortunate reality is that a drug possession conviction can lead to a substantial prison sentence and significant fines. Beyond the immediate penalties, a criminal record can negatively impact many areas of your life by affecting your ability to find employment, secure housing, or pursue higher education.
One simple mistake or misunderstanding shouldn’t derail your life. With so much at stake, you shouldn’t wait to exercise your right to seek legal representation. You deserve an attorney who has the experience, skills, and tenacity to effectively defend you against drug crime charges.
At Lance Kennedy Law, we recognize what you are going through and are here to help you navigate each stage of the legal process. We are prepared to fight to protect your future, provide aggressive representation that puts your needs first, and seek the best possible outcome, no matter your circumstances. Our founding attorney, Lance Kennedy, is a former criminal prosecutor, which allows us to anticipate how the prosecution thinks and counter their strategies. Our team is available 24/7, so don’t wait to reach out.
Call (737) 324-7540 or contact us online to schedule a free and confidential consultation with our Austin drug possession defense lawyers. Se habla español.
Understanding Drug Possession Charges in Texas
In Texas, a person is considered to be in "drug possession" if they knowingly or intentionally have "actual care, custody, control, or management" of a controlled substance, including a medication without a valid prescription. This legal definition goes beyond simply having a drug on your person and is a key element of drug-related offenses.
What Is Considered “Possession?”
Texas law recognizes two types of possession that can lead to a criminal charge. “Actual possession” occurs when a person has direct physical control over a drug. An example would be a person holding a bag of marijuana, having it in their pocket, or carrying it in a bag they are wearing.
“Constructive possession” is more complex. It occurs when a person does not have physical possession of a drug but still has knowledge and control over it. To prove constructive possession, the prosecution must show a link between the defendant and the drug. For example, if illegal drugs are found in the glove compartment of a car that a person owns and operates, they may be charged with constructive possession, even if the drugs weren't physically on them. Merely being near an illegal substance, such as in a shared apartment or a car with multiple passengers, is typically not enough to establish possession without additional evidence linking you to the drugs. That doesn’t necessarily mean someone won’t be arrested and charged in these scenarios, however.
Potential Consequences of a Drug Possession Conviction in Texas
Depending on the type of drug and the quantity of the substance involved, drug possession charges can generally range from Class B misdemeanor (the least severe) to a first-degree felony (the most severe). Controlled substances are categorized into several Penalty Groups, with the potential penalties for possession increasing as the group number decreases and the amount of the drug increases.
This can be confusing, but generally, the lower the group number, the more dangerous and addictive the drug. Our team at Lance Kennedy Law can help you understand the specific charges you are facing.
Penalties for a drug possession conviction can include:
Incarceration. For misdemeanor offenses, such as possession of a small amount of marijuana, penalties can range from up to 180 days in a county jail to up to a year. However, many possession charges for controlled substances are felonies. These can result in sentences in state jail for a mandatory minimum of 180 days or much longer prison sentences ranging from two years to as long as 99 years or life in prison, depending on the severity of the offense. In some cases, a judge may impose a period of probation in place of or in addition to incarceration.
Fines. Drug possession convictions in Texas carry substantial fines. The amount of the fine is typically tied to the severity of the charge. For misdemeanor offenses, fines can be up to a few thousand dollars. For first-degree felony convictions, the maximum fine can be up to $100,000 or even higher for enhanced charges.
Consequences of a criminal record. Any conviction can have a lasting negative impact on a person's life beyond time served and monetary fines. Texas law mandates a 90-day driver’s license suspension for any conviction involving controlled substances, and a 15-hour drug education program is required before the license can be reinstated. A felony conviction can also result in restrictions on firearm ownership. A criminal record can create significant barriers to getting a job, housing, and other opportunities. It can also lead to the loss of professional licenses and immigration consequences for non-citizens.
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The available defenses in a Texas drug possession case are highly dependent on the specific facts of your situation. There is no one-size-fits-all approach to these charges.
Our attorneys at Lance Kennedy Law can work to build the strongest possible defense for your case. We are familiar with effective strategies and leave no stone unturned as we evaluate your options.
Here are some common defenses we can explore when developing your defense:
Challenging the legality of the search and seizure. The Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect individuals from unreasonable searches and seizures. If law enforcement found the drugs during an unlawful search – without probable cause, a valid warrant, or your consent, for example – any evidence obtained may be inadmissible in court. If a judge suppresses this evidence, the prosecution's case could be significantly weakened or even dismissed entirely.
Disputing "possession" and "knowledge." To secure a conviction, the prosecution must prove that you knowingly and intentionally had "actual care, custody, control, or management" of the controlled substance. In some cases, this element can be challenged. For example, if drugs were found in a shared space like a car with multiple passengers or a house with roommates, your attorney can argue that the prosecution cannot definitively link you to the drugs and prove that you had knowledge and control over them.
Lack of knowledge. Depending on the circumstances, we may be able to argue that you were not aware of the drugs’ presence. This may be a viable defense if, for example, a friend placed drugs in your car or bag without your knowledge. Without proof that you knew the substance was present, the prosecution may have a difficult time meeting its burden of proof.
Medical prescription defense. If you were charged with possessing a controlled substance for which you have a valid prescription, this can serve as a complete defense. A valid and current prescription from a medical professional gives you the legal right to possess the medication. We can present this documentation, along with medical and pharmacy records, to demonstrate that your possession was lawful.
Entrapment. This defense is used when law enforcement officers induce or persuade a person to commit a crime they would not have otherwise committed. If you can prove that an undercover officer or an informant pressured or coerced you into obtaining drugs, you may have a valid defense. This defense hinges on showing that the idea for the crime originated with law enforcement, not with you.
Chain of custody issues. After a drug is seized, law enforcement and crime labs must follow a strict protocol to document, store, and test the substance. If there are any breaks or discrepancies in this "chain of custody," it can raise doubts about the integrity of the evidence. We may be able to challenge whether the substance tested in the lab is the same one that was found in your possession, which could lead to the evidence being excluded.
Securing the best possible outcome is always our priority. Our lawyers are fierce negotiators who can fight to get charges reduced or even dropped before trial. You are always in control of your case, and you can expect clear communication every step of the way so that you can make informed decisions.
Drug possession charges are extremely serious, even if you only had a small amount, so don’t wait to get legal advice. Call (737) 324-7540 or contact us online today.
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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