San Marcos Drug Crime Lawyer
Being charged with a drug offense in San Marcos can be an overwhelming and life-changing experience. Whether you’re facing charges for simple possession, distribution, or manufacturing, the stakes are high. Texas has some of the harshest drug laws in the country, and a conviction can lead to jail time, heavy fines, and a permanent criminal record. If you or a loved one has been arrested on a drug-related charge, The Law Offices of David C. Hardaway is here to fight for your rights. Our San Marcos drug crime lawyer provides aggressive, experienced defense for individuals throughout Hays County.
Types of Drug Crimes in Texas
Texas law classifies drug crimes based on the type of drug involved, the quantity, and the nature of the alleged offense. The Texas Controlled Substances Act breaks down drugs into penalty groups, which include a wide range of substances from marijuana and prescription medications to cocaine, heroin, and ecstasy.
Common drug charges in San Marcos include:
- Possession of a Controlled Substance: This is the most frequent drug charge in Hays County. The seriousness of the charge depends on the drug and the amount found. Even a small quantity of certain drugs can lead to felony charges.
- Possession of Marijuana: While attitudes around marijuana have shifted nationally, Texas still enforces marijuana laws strictly. Possession of even a small amount can result in arrest and prosecution.
- Possession with Intent to Distribute: If law enforcement believes you intended to sell or distribute drugs, you could face much steeper penalties than for simple possession. Evidence like baggies, scales, or large amounts of cash can lead to an enhanced charge.
- Drug Manufacturing or Cultivation: Making or growing illegal substances such as marijuana can lead to serious felony charges with lengthy prison sentences.
- Prescription Drug Offenses: Possessing or distributing prescription medications like Xanax, Adderall, or Oxycodone without a valid prescription can result in criminal charges.
- Drug Paraphernalia: Possession of items associated with drug use or distribution, such as pipes, syringes, or packaging materials, can lead to Class C misdemeanor charges.
How Drug Offenses Are Prosecuted in San Marcos
Drug charges in San Marcos are handled by prosecutors in the Hays County District Attorney’s Office and will typically be heard in the Hays County Criminal District Court or County Courts at Law, depending on the charge. The nature of your drug charge determines whether it will be prosecuted as a misdemeanor or felony. Felony drug cases often involve higher quantities of drugs, allegations of intent to distribute, or drugs classified in more dangerous penalty groups.
From arrest through trial, the prosecution will attempt to prove every element of the offense beyond a reasonable doubt. However, there are often weaknesses in the government’s case. Illegal searches, improper traffic stops, unreliable informants, or missing lab evidence can all be used to challenge the charges against you. At The Law Offices of David C. Hardaway, we investigate every aspect of the case and push back at every step to protect your rights.
Consequences of a Drug Conviction in Texas
The penalties for a drug conviction in Texas are severe and increase significantly depending on the penalty group and the amount involved. A conviction can result in:
- Jail or prison time
- Thousands of dollars in fines
- Suspension of your driver’s license
- Loss of eligibility for federal student aid
- Immigration consequences for non-citizens
- Difficulty finding employment, housing, or professional licensing
Even if you avoid jail time, a drug conviction can follow you for years. That’s why it’s critical to have a defense lawyer who understands how to minimize or avoid these consequences whenever possible.
Defending Against Drug Charges in San Marcos
At The Law Offices of David C. Hardaway, we tailor each defense strategy to the unique facts of your case. Some common defenses we may explore include:
Illegal Search and Seizure: If the police searched your car, home, or person without a valid warrant or probable cause, we can seek to suppress the evidence.
Lack of Possession: Just because drugs were found near you does not mean they were yours. We challenge constructive possession when there is insufficient proof the drugs were under your control.
Chain of Custody Issues: If the state mishandled the evidence or cannot properly document the path the drugs took from seizure to trial, the case may be compromised.
Entrapment: If law enforcement pressured or tricked you into committing a drug offense that you would not have otherwise committed, entrapment may be a viable defense.
We examine every detail, from bodycam footage to police reports, to find the most effective way to defend your rights and freedom.
Alternatives to Conviction in Drug Cases
In some situations, especially for first-time offenders, there may be options that allow you to avoid a conviction. Hays County offers diversion and treatment-focused programs that are designed to help individuals struggling with substance abuse avoid the harsh penalties of traditional prosecution.
Pretrial diversion or deferred adjudication may be available depending on the nature of the offense and your criminal history. These programs often involve counseling, drug testing, community service, and staying out of further legal trouble for a set period. Upon successful completion, the charges may be dismissed or kept off your record.
We work closely with clients to determine eligibility and advocate for participation in these alternative programs whenever it is in their best interest.
Frequently Asked Questions About Drug Charges in San Marcos
Can I be charged if the drugs weren’t mine?
Yes, but the state must prove that you knowingly possessed the drugs. If drugs were found in a shared space or vehicle, we can argue that you did not have control or knowledge of the substance.
What are my rights during a drug stop?
You have the right to remain silent and the right to refuse a search unless police have a warrant or probable cause. Never consent to a search without speaking to an attorney.
Can drug charges be dismissed?
In some cases, yes. If evidence is suppressed or the prosecution lacks sufficient proof, charges may be dismissed. Diversion programs may also lead to dismissal after successful completion.
What is deferred adjudication?
It is a form of probation where you plead guilty or no contest, but no final conviction is entered. If you complete the terms, the charge may be dismissed and eligible for sealing.
Will I go to jail for a first-time drug offense?
Not necessarily. Many first-time drug offenses can result in probation or diversion instead of jail time. However, the outcome depends on the details of your case and how well it is defended.
Can I get a drug charge expunged from my record?
Possibly. If your case was dismissed, you were acquitted, or you completed a diversion program, you may qualify for expunction or non-disclosure. We can help you explore these options.
Contact a San Marcos Drug Crimes Defense Attorney Today
If you have been arrested or charged with a drug offense in San Marcos, the most important thing you can do is seek legal counsel immediately. At The Law Offices of David C. Hardaway, we understand how prosecutors build drug cases and how to fight back. We provide dedicated, strategic representation designed to protect your freedom and future. Call us today to schedule a confidential consultation and start building your defense.
