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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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    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
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  • "Case Dismissed!"
    Will is the best lawyer I’ve ever had! Case Dismissed!
    G.L.
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  • "I am very thankful for his hardworking to defend my reputation and innocence."
    Able to defend me well in my case for a fair price. All charges dropped as they should have been due to his diligence. Good communication by both email and phone. Showed poise and intelligence in the courtroom. I am very thankful for his hardworking to defend my reputation and innocence.
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  • "He got my felony dropped, that says it all."

    I will forever be grateful for Will! He helped me get through one of the hardest times of my life. I was so scared when I first walked into his office for a consultation because my case was bad. He got my felony dropped, that says it all. Thank you Will for being there for me physically, mentally, and emotionally!

    Jessica P.