San Marcos Drug Possession Lawyer

Comprehensive Legal Defense for Drug Possession Charges in Hays County

San Marcos has varying penalties for the possession of controlled substances. The Texas Controlled Substances Act divides controlled substances into penalty groups. More dangerous drugs with a high probability for abuse (such as heroin and cocaine) are categorized into the most severe penalty section: Penalty Group 1. Possessing any drugs listed under Penalty Group 1 in any amount can result in a felony conviction. Drugs with a lower potential for abuse fall into lower classifications with less severe penalties, though many can also result in felony convictions. Marijuana is in a sub-penalty group with its separate laws and penalties.

Call The Law Offices of David C. Hardaway today at (512) 846-9966 or contact us online to schedule a meeting with our drug possession attorney in San Marcos! 

Expert Legal Support for Drug Possession Charges

When charged with drug possession, it is essential to get started on a defense strategy right away with a criminal defense attorney in San Marcos, no matter the penalty group. Don’t try to handle this yourself.

The consequences of a drug possession conviction can vary from significant fines to days or years in county jail to decades in state prison. You could lose your driver’s license, property, right to vote, and right to bear arms. The negative consequences will follow you long after the case has concluded.

As a lawyer who has defended clients facing drug charges in Texas counties big and small, near and far, I am uniquely qualified to represent you. I am deeply familiar with the Texas Health and Safety Code (where drug crimes can be found) and the State and Federal law regarding search and seizure. My commitment to constantly learning is best evidenced by my membership in the College of the State Bar of Texas, an honor granted to less than 10 percent of Texas criminal defense attorneys, and that constant study frequently pays huge dividends for my clients in court.

It is important that we foster a trusting relationship to achieve successful results in court. If we go to trial, I intend to know more about your case than anyone else in the room. We will discuss your background, the conditions of your arrest, and an honest outlook for your case. I will not string you along with false hope. I want you to walk away feeling informed and prepared. 

Strategic Defenses for Drug Possession Charges

Depending on the facts of the case, there may be potentially effective defense strategies against drug possession charges.

• Show that you were not in actual possession of the controlled substance. Being present in a place where drugs are located is insufficient evidence for a conviction. Disproving that you were in physical possession or control of the substance can lead to the dismissal of these charges.
• An unlawful search and seizure or arrest without probable cause could be another valid defense against a drug possession charge. When you work with The Law Offices of David C. Hardaway, you can be confident I will carefully analyze the evidence and hold police officers accountable if they do not follow the law.

If you were found in possession of drugs and are currently tackling substance abuse issues, we can take a different approach to your defense. I have successfully represented clients facing all drug violation charges, from Class B misdemeanor marijuana possession to First Degree Felony drug manufacture and delivery. I will learn your unique story and use that knowledge to develop the strongest possible defense strategy.

Texas Drug Possession FAQ 

1. What constitutes drug possession in Texas?
In Texas, drug possession is defined as having actual control, care, or management of a controlled substance without a valid prescription or legal authorization. Possession can be direct, meaning the substance is found on your person, or constructive, where it is located in a place you have access to and control over, such as your home or vehicle.

2. What are the potential penalties for drug possession in Texas?
Penalties for drug possession in Texas depend on the type and amount of substance involved. Controlled substances are categorized into penalty groups, with Group 1 (e.g., cocaine, heroin) carrying the most severe penalties. Possession can result in fines, probation, mandatory treatment programs, and incarceration. The severity of punishment increases with the quantity and type of drug, and prior convictions can lead to harsher penalties.

3. How can a defense attorney help if I'm charged with drug possession?
A criminal defense attorney can play a crucial role by examining the evidence, identifying any violations of your rights, and crafting a strategic defense. They can argue for dismissal of charges due to lack of evidence or unlawful search and seizure, negotiate plea bargains to reduce charges, and represent you in court. Their expertise helps ensure the best possible outcome in your case.

4. What should I do if I'm arrested for drug possession in Texas?
If arrested for drug possession, it's important to remain calm and exercise your right to remain silent. Do not provide any statements to law enforcement without an attorney present. Contact a criminal defense attorney immediately to protect your rights and receive guidance through the legal process.

5. Why is legal representation important in drug possession cases?
Legal representation is critical in drug possession cases due to the complexities of Texas drug laws and the severe penalties involved. An experienced attorney understands the nuances of the legal system, can challenge evidence and procedural errors, and advocate for reduced charges or alternative sentencing. They work to protect your rights and achieve the most favorable resolution possible.

6. Can drug possession charges be reduced or dismissed?
Yes, with skilled legal representation, drug possession charges can potentially be reduced or dismissed. This may occur if there are issues such as lack of evidence, unlawful search and seizure, or procedural errors. A defense attorney can file motions to suppress evidence or negotiate plea deals, improving the chances of a favorable outcome.

Contact Our San Marcos Drug Possession Attorney Today

Navigating the legal complexities of drug possession charges in Texas requires the expertise and guidance of a seasoned criminal defense lawyer like David C. Hardaway. Whether disproving actual possession, challenging unlawful search and seizure, or addressing substance abuse issues, our team can provide the tailored defense you need to protect your rights and future. Don't face drug possession charges alone; contact The Law Offices of David C. Hardaway for expert legal representation.  

Contact The Law Offices of David C. Hardaway today to schedule a consultation with our drug possession lawyer in San Marcos!