Dallas Drug Possession Attorney

Defense Informed by Experience as a Prosecutor & Municipal Judge

Texas law imposes serious penalties for drug crimes, including possession of a dangerous drug. The principal possession offenses are found in Texas Health and Safety Code Sections 481.115 through 481.118 and 481.121. Depending on the substance, alleged amount, prior convictions, and circumstances of the arrest, a possession charge can range from a misdemeanor to a serious felony.

I bring more than 15 years of legal experience to these cases, including experience as a former prosecutor and municipal judge. I use that background to assess the charging language, evidence, and prosecution strategy before advising a client about the available options.

Contact my firm today to set up a free consultation appointment with a trusted Dallas drug possession attorney.

Drug Possession Laws in Texas

In Texas, drug possession is governed by the Texas Health and Safety Code. Possession of a controlled substance is generally defined as having actual care, custody, control, or management over the substance. Texas possession cases also generally require proof that the person knowingly or intentionally exercised that control.

Ownership and possession aren’t necessarily the same. When drugs are found in a shared vehicle, home, or other location, the evidence must connect the accused to the substance and support an inference that the accused knew it was there.

The law recognizes several forms of possession:

• Understanding Actual Possession: The drugs are found on your person, such as in your pocket, purse, or backpack.
• Explaining Constructive Possession: The drugs are found in a place under your control, such as your home, car, or workplace, even if they aren’t directly on your person.
• Clarifying Joint Possession: Multiple people can be considered in possession of drugs if they share control or access to the drugs. Mere proximity still isn’t automatically proof that every person present possessed the substance.

Texas Penalty Groups & Drug Possession Charges

The Texas Controlled Substances Act organizes many controlled substances into penalty groups. Sections 481.115 through 481.118 address possession involving specified groups, while Section 481.121 separately addresses marijuana possession. The applicable offense level can depend on both the identity and alleged amount of the substance, so a general penalty chart can’t substitute for reviewing the exact charge.

Prior convictions and factors such as an arrest near a school zone can also affect the potential consequences. As a drug possession lawyer in Dallas, I review the charging document, alleged substance, weight, and applicable statute before assessing those consequences.

A valid prescription or other legal authorization can also affect whether possession of a prescription-controlled substance was unlawful. Simple possession should also be distinguished from delivery or possession with intent to deliver, which involves additional allegations and different statutory provisions.

Substances addressed under Texas drug laws include, but are not limited to, the following:

• Marijuana
• Amphetamine
• Crack cocaine
• Codeine
• Ecstasy
• Heroin
• Hydrocodone
• LSD
• Methamphetamine
• Morphine
• Opium
• Oxycodone
• Peyote
• PCP

Defense Issues in a Drug Possession Case

As a drug possession attorney in Dallas, I review the police reports, charging documents, available forensic evidence, and circumstances surrounding the encounter before evaluating the specific allegations and identifying potential defense issues.

A case review may address the following:

• Search and Seizure: I can examine the legality of the stop, search, seizure, arrest, questioning, and any warrant process. Evidence obtained through an unconstitutional search may be subject to a motion to suppress.
• Possession and Knowledge: The prosecution must establish more than presence near a controlled substance. Evidence concerning access, control, statements, personal belongings, and the location of the drugs may affect whether possession can be proven.
• Substance Identification and Weight: Laboratory results, testing procedures, packaging, and the alleged weight can affect the charged offense and the reliability of the evidence.
• Chain of Custody: Records showing who collected, stored, transferred, and tested the evidence may reveal gaps or handling issues that require further examination.
• Constitutional and Procedural Errors: I evaluate whether your constitutional rights were violated and whether law enforcement followed the required procedures.
• Exculpatory Evidence and Witnesses: Statements, recordings, documents, prescription information, or witnesses may contradict the prosecution’s account or provide context for the alleged possession.
• Alternative Resolutions: Depending on the charge, criminal history, eligibility rules, and prosecutorial discretion, diversion, treatment, probation, or another negotiated resolution may be available.

Dallas County Diversion & Drug Court Programs

In Dallas, drug court programs offer a possible alternative path for some people facing drug possession charges. These treatment-oriented programs may involve assessment, supervision, testing, treatment, court appearances, fees, and other conditions established by the applicable program.

Participation isn’t automatic. Eligibility may depend on the offense level, alleged conduct, prior record, assessment results, weapon or violence allegations, and the requirements of the particular Dallas County program. Some diversion programs may allow dismissal after successful completion, but qualification and the ultimate case outcome depend on the governing guidelines and individual facts.

Discuss Your Dallas Drug Possession Charge

At Law Office of G. Thayer Williamson, I handle drug-possession defense matters and provide a free case evaluation. I have more than 15 years of legal experience, including time as a former prosecutor and municipal judge. That background helps me examine how the prosecution may approach the evidence and allegations.

I review police reports, consider whether forensic input is relevant, and examine the prosecution’s case against the requirements of Texas law. A consultation can help you understand the charge, the current procedural posture, and the defense issues that may apply without promising a particular result.

Contact my firm today to set up a free consultation appointment with an experienced Dallas drug possession lawyer.