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Drug Possession

Drug Possession Defense Attorney in Austin

Experienced Defense for Drug Charges in Travis County & Central Texas

Getting arrested for drug possession is an embarrassing, scary, and frustrating experience, especially if it is your first offense. Unfortunately, this type of drug crime carries serious penalties, including a costly fine and a lengthy jail sentence. In order to avoid being convicted, you need the help of a skilled criminal defense attorney.

At The Law Office of Will Mitchell, we are ready to protect your rights, reputation, and freedom from start to finish. Our Austin drug possession defense lawyer has over 18 years of experience handling a wide array of drug possession cases and has taken many cases to trial in order to obtain the most favorable outcome for his clients.

Contact us online or call us at (512) 858-8611 and request a free consultation. 

Understanding Texas Drug Possession Laws & Penalties

Misdemeanor possession of marijuana (marihuana) (POM) and possession of controlled substance (POCS) cases can carry collateral consequences outside those specifically assigned to Class A or Class B misdemeanors. The Texas Health & Safety Code contains the Texas Controlled Substances Act that categorizes various drugs into “penalty groups”.

This section details consequences for persons charged with possessing substances that fall into Penalty Groups 3 and 4. Sometimes you will see offenses for POCS involving these Penalty Groups called “Possession of a Dangerous Drug” or PODD.

Maximum Punishment for Class B Misdemeanor Drug Charges

Typically, the maximum punishment for a Class B misdemeanor is a maximum of 180 days in the county jail facility and a fine not to exceed $2,000 or both. A POM case in an amount under two ounces is a Class B misdemeanor in Texas. A first offense DWI is a Class B misdemeanor. A POM charge in an amount more than two ounces but less than four ounces is a Class A misdemeanor.

Range of Punishment for Class A Misdemeanor Drug Offenses

The range of punishment for a Class A misdemeanor is a maximum one year in the county jail facility and a fine of $4000 or both. Several POCS cases are Classified as Class A and Class B misdemeanors. Examples of Penalty Group 3 drugs include Xanax (alprazolam), Codeine, and Hydrocodone.

If you do not have a prescription and are found to possess any of these Penalty 3 drugs (or the many others listed in the statute…see TEX. HEALTH & SAFETY CODE ANN. § 481.104) you could be charged and convicted of a Class A misdemeanor. Penalty Group 4 drugs are generally liquids and the most common are liquid codeine and promethazine. Possessing less than 28 grams of a Penalty Group 4 drug is only a Class B misdemeanor.

Proving Possession: What the State Must Show

In order for the State to prove “possession”, they must demonstrate that the accused (1) exercised control, management, or care over the substance, and (2) the accused knew the matter possessed was contraband. Your lawyer must be able to mount a defense to one of these two prongs in a possession case.

Consequences of a Drug Conviction

If convicted, not only are you subjected to the punishment ranges discussed above, there could be other unforeseen consequences. For example, if you are a student attending a university, federal law prohibits the issuance of Federal Stafford Loans to those convicted of drug charges. In the Texas Transportation Code, any conviction for POM or POCS also results in a driver’s license suspension for 180 days (one-year suspension if under the age of 21).

How Our Firm Can Help You Avoid a Drug Conviction

When charged with a misdemeanor drug case, there are ways we can keep a conviction from occurring. First, The Law Office of Will Mitchell can go to trial and attack the elements of the offense and prevent the State from meeting their burden of proof beyond a reasonable doubt.

Also, we can negotiate your case with the State to a plea agreement that does not involve a conviction. Typically, these agreements may involve drug classes and community service.

Exploring Your Options: Deferred Adjudication

Deferred adjudication may also be an option in a situation where the accused agrees to do community supervision for an agreed amount of time and the maximum length is two years for a misdemeanor. At the end of the probation period, the drug case is then dismissed, and no guilty finding is ever made.

Variations in Drug Case Treatment Across Counties

Different counties treat drug cases differently. In Travis County and the Austin area, drug cases are met with less strict punishments for first time offenders. Indeed, the City of Austin will write you a “field-release” citation for possessing small amounts of marijuana and you do not even get arrested.

Other counties in the hill country such as a Kerr County POM or a Kendall County POCS may be met with a little more aggressive State action. People in Kerrville, Fredericksburg, and the adjacent counties tend to be a bit more conservative than their fellow Texans in Austin.

Contact Us for a Free Consultation on Your Drug Charge

If you or a loved one has been charged with any drug related charge in Austin or the Texas hill country, give our firm a call immediately so we can discuss your options and get to work for you. We are committed to help you avoid conviction and get your life back on track.

Call us today at (512) 858-8611 to learn how we can help you. 

Commonly Asked Questions

How can a drug possession charge affect my future?

A drug possession conviction can lead to hefty fines and jail time. Beyond the immediate penalties, having a criminal record can affect your employment prospects and personal life, creating long-term challenges. It is crucial to seek legal assistance to navigate these issues effectively and to explore all available options for a more positive outcome.

Why should I choose The Law Office of Will Mitchell for my drug possession defense?

Choosing The Law Office of Will Mitchell for your drug possession defense means you are partnering with a firm that has over 18 years of experience in handling drug-related cases in Austin and Central Texas. Our commitment to protecting your rights and freedom is paramount. We take the time to understand your unique situation and work diligently to pursue a favorable outcome. Our personalized approach ensures that you receive the attention necessary to navigate the complexities of drug possession charges effectively.

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  • "I would highly recommend Will as he will fight for you."
    Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage. I did test over .08 so I chose not to go to trial but there were a few other factors with my case compelling the prosecution to lower my penalties and probation to 15mo; at which time my obstruction charge will also be dismissed. I was able to take care of all my classes, evals, and community service prior to ever seeing the judge so I think that helped my case. Will and Olivia were eager to help me understand what was happening and answered all my calls and emails very promptly. I would highly recommend Will as he will fight for you.
    Todd
  • "He helped me take care of my case and I could not be happier."
    I had charges filed on me and had no idea what I was going to do. I contacted Will Mitchell’s law office and immediately felt better. Will talked to me on the phone and told me what to expect for the next 4 months. Everything he said was on point. He helped me take care of my case and I could not be happier. I highly recommend Will and his team.
    T.H. on Google
  • "Will was a lifesaver for me."

    Will was a lifesaver for me. He helped me put together documentation that resulted in having a felony dropped to a misdemeanor. Olivia, his assistant, is awesome also. I had Will's cell number and was able to call or text any time I felt uneasy. The team is very responsive and supportive. I could not ask for a better outcome. Thank you, Will!

    Kalyn S.
  • "Absolutely recommend!!!"
    Will AND Olivia are both amazing. They will work hard for you and are very detail-oriented and actually care about their clients. Will recommended me to a drug and alcohol treatment center and have been sober ever since (2 + years). I probably wouldn’t be where I am if it weren’t for will and Olivia. Thank y’all again for y'alls hard work a dedication! Absolutely recommend!!! Treatment center: BRC Recovery
    Aaron T.
  • "Will has saved my life!"
    Will has saved my life! I was moving to Virginia on a probation transfer to be with my fiancé and because of Will I was able to make it happen, he responded to all my calls when I was freaking out and assured me exactly what he could do which made me calm plus he did exactly what he said he would, you don’t understand how much I appreciate you, Will!
    Haden H.
  • "The man knows how to right a wrong."

    Mr. Mitchell worked on having my charges dropped and my clean record reinstated. The man knows how to right a wrong.

    Sam G.
  • "Best law firm hands down."
    Best law firm hands down. Super patient. Super professional. I live in Dallas, TX and Mr. Will Mitchell took care of everything for me without having to travel! Highly recommend his services!
    Catie
  • "I can't say enough amazing things about Will Mitchell."
    I can't say enough amazing things about Will Mitchell. My case was dismissed (I didn't think we had a shot) and now just signed a petition for it to be removed for good. I'm typically a little over-amped with my thoughts in general, and he was very responsive and always had calming things to say! I felt I could reach him regarding any little question, and he was always happy to help. I'm still blown away that he was able to get the DWI dismissed, and now off my record. He's a fantastic lawyer, and I'm so happy I chose him!
    Alissa H.