Many people don’t speak with a criminal defense attorney about drug charges because they assume that the crime isn’t that big of a deal. While using drugs is certainly less impactful than hurting someone else, it is still illegal and the consequences of a conviction can be life altering.  As with any criminal charges, it is important to not take anything for granted and start to build a defense instead.

We recommend that you never speak to the police without an attorney present.  Anything, that you say, can be used against you and you never know when a possession charge could turn into something more serious like drug cultivation.  The police and prosecutor can twist your words to make you appear guilty.  Don’t give them a chance by refusing to speak without your lawyer present. In this same line, we also recommend refusing a search without a warrant since seemingly innocent items can be used to further prove your guilt.

As a criminal defense attorney, we understand the importance of avoiding a drug conviction because of how it can impact lives.  Just because you are charged with drug possession doesn’t mean that you will be convicted of it, and our job is to fight hard so you won’t.  In order to get a conviction, the prosecutor must prove that you knew you had drugs and that you did not have a prescription or medical reason for them. We will work to prove that either you were unaware of the drugs or that you believed you had them legally.  Some additional defenses may include the drug being under an FDA exemption, being meant for animals or being too small a quantity to matter. During our first meeting, we will ask a variety of questions in order to determine what the best defense may be.

In Texas, the drug laws and penalties are stiff.  This is not a state that you want to be convicted in.  Even lesser drugs like marijuana can lead to jail time upon a conviction.  For example, if you are convicted of possessing marijuana illegally you could be spending up to six months in jail.  If, however, you are caught with large quantities, over 2,000 pounds, you could spend up to 99 years in jail or the equivalent of life in prison.

What you are charged with and what the penalties are, is based on what you have on you and in what quantity.  For example, it is typically more serious to be found with cocaine that it is with marijuana.  Both can lead to fines and jail time. Both can give you a permanent criminal record.  As a criminal defense attorney, we recommend that you work with a lawyer regardless of the type of drug charges that come your way.  It is important to maintain and prove innocence so that you don’t end up with a criminal record that can negatively impact your job prospects or housing down the road.