Drug Crime Attorney in Garland

How Texas Classifies Drug Possession Charges

Chapter 481 of the Texas Controlled Substances Act organizes controlled substances into Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4. These statutory categories classify substances for charging and punishment purposes. The applicable category and alleged quantity help determine whether possession is charged as a misdemeanor or a felony that can reach the first-degree level.

For substances in Groups 1 or 1-B, the quantity thresholds rise sharply. Possession under one gram is classified as a state jail felony. One gram to under four grams is a third-degree felony, four grams to under 200 grams is a second-degree felony, and 200 grams to under 400 grams is a first-degree felony.

Possession of 400 grams or more of a Group 1 or 1-B substance carries a potential sentence of life or 10 to 99 years in prison, plus a fine of up to $100,000. Group 1-A offenses are measured in abuse units, a statutory measurement for substances in that category. The classifications range from a state jail felony for fewer than 20 abuse units to the highest felony level for 8,000 or more abuse units.

These thresholds provide a legal framework, but they don’t establish whether the prosecution can prove possession, the alleged weight, or the substance’s identity. As a drug crime lawyer for Garland defendants, I examine the evidence behind each element rather than treating the initial charge as the final word.

Where Garland Drug Cases Are Heard

The court path depends on the level of the allegation. Garland Municipal Court hears Class C misdemeanors, including fine-only matters such as some drug paraphernalia citations. Although a Class C case doesn’t carry jail as a direct punishment, the citation and available options still warrant careful review.

A Class A misdemeanor, Class B misdemeanor, or felony arising from a Garland drug arrest proceeds through the Dallas County District Attorney’s Office. These cases are heard in the Dallas County courts complex, which includes the Frank Crowley Courts Building. County criminal records and warrant services are also handled through Dallas County rather than the City of Garland.

Identifying the court with jurisdiction clarifies where filings, settings, and negotiations will occur. I explain that path early so clients understand who’s handling the prosecution and what comes next.

What Happens After a Drug Arrest in Garland

The timing and sequence after an arrest can vary based on custody status, the filed charge, and the court assigned to the case.

The process may include:

• Booking and an initial appearance addressing bond
• Discovery and evidence exchange
• Negotiations with the Dallas County District Attorney’s Office
• A negotiated resolution, diversion or treatment program, contested hearing, or trial

During discovery, the defense and prosecution review information relevant to the allegation. That material may include reports, recordings, laboratory information, witness accounts, or evidence concerning a search. I evaluate what the state claims occurred and whether the available proof supports the charge.

Dallas County also operates DIVERT Court, the Dallas Initiative for Diversion and Expedited Rehabilitation and Treatment. It’s a judicially supervised treatment and case-management track for certain substance-abuse offenders. A Garland defendant’s eligibility depends on the facts, charge, applicable requirements, and procedural posture, so participation isn’t automatic.

Acting promptly allows me to address immediate procedural concerns and begin reviewing available information. During a free and confidential consultation, I can discuss the allegation, explain the known case path, and identify what I need for a more complete assessment.