Facing charges for drug possession in Texas can be a terrifying ordeal, but it is not the end of the line. Charges are not convictions, and if you hire an aggressive and experienced drug charge attorney who knows how to get a possession charge dismissed in Texas, you may be able to walk away with your freedom intact. Here are several defenses your lawyer may use to help you do so:
- Argue unlawful search and seizure
- Argue that you weren’t actually in possession of drugs
- Claim a lack of knowledge or intent
- Argue entrapment or duress
- Make them prove that you had an illegal substance
If you or a loved one has been accused of drug possession, call Mark Thiessen of Thiessen Law Firm today at (713) 864-9000 to schedule a consultation and take the first step in defending your life.
Can drug charges be dropped in Texas?
First things first, drug charges can absolutely be dropped or dismissed in Texas. How often do drug charges get dropped? That’s the million-dollar question. Charges for possession of a controlled substance in Texas are only dropped under specific conditions, which will vary based on your individual circumstances and the quality of your attorney.
The best thing that you can do to protect your freedom if you are facing drug charges is to hire a trial lawyer who has experience taking drug cases to court, arguing in front of a judge or jury, and winning. Although you cannot influence the circumstances of your arrest after the fact, you can make sure that you hire the best drug attorney Houston has to offer, and give yourself the best possible chance at walking away from your possession charge.
Your future is worth the fight — and if you don’t believe that your future is on the line, you might not be familiar with just how steep the penalties associated with drug possession in Texas are.
How do you beat drug charges in Texas?
So, how do drug cases get dismissed? While there are a few common ways to beat a possession charge, we’ll look at five common methods used by lawyers who know how to get a possession charge dismissed in Texas.
1. Argue unlawful search and seizure
When defense attorneys begin looking into how to get your possession charge dismissed, one of the first things they check on is whether or not you were subject to an illegal search and seizure. Did the officer have a legal right to search your property? Did they have probable cause? If they did not have probable cause and obstructed your rights as a result of the search, then any evidence obtained is not permissible in court.
2. Argue that you weren’t actually in possession of drugs
Do the drugs actually belong to you, and can your ownership of them be proven in court? If there is no logical way to prove beyond a reasonable doubt that the drugs do belong to you, then it is possible to have a simple possession charge dropped.
For example, let’s say you share an apartment with multiple people. It can be very difficult to prove beyond a reasonable doubt that the drugs (no matter where they are in the apartment) are yours. This is just one common argument used to get possession charges dismissed.
If you’re interested in learning more about this, read our article on what could happen if you’re a passenger in a car where drugs were found.
3. Claim a lack of knowledge or intent
Another strategy employed by those looking for how to get a possession charge dismissed is to determine a lack of knowledge. Very similar to a lack of possession, a lack of knowledge or intent can also be used to drop a simple possession charge.
Let’s say someone handed you an illegal substance and said it was something else — maybe they claimed it was over-the-counter medicine. (Now sure how a drug is viewed by the law? Check out this drug classification chart.)
Whatever the claim may have been, the situation is this: You were unaware that you were holding drugs for another person. If this is the case and you were charged with possession of dangerous drugs, then your attorney should be able to have your charges dropped.
4. Argue entrapment or duress
There are many situations where an abuse of power can potentially lead someone to commit a crime they otherwise would not have committed. While this might be rare or hard to imagine this happening in cases of potential possession, it does. For example, let’s say that an undercover cop pressures another person into buying drugs and arrests that person as a result. This could be seen as entrapment, which could result in getting your possession charges dismissed.
5. Make them prove that you had an illegal substance
At the bare minimum, if the state cannot prove “scientifically” that you had an illegal substance, then your case should be dropped. Is there scientific evidence and a crime lab report that clearly states you had an illegal substance on you? If there isn’t, you may be more likely to get your possession charges dismissed.
Punishments for drug possession charges in Texas
The severity of the punishment for drug possession in Texas will vary depending on a few factors, the most important being the type and quantity of the drug involved, prior criminal history, and any aggravating circumstances surrounding your arrest. A rundown of how drug possession punishments work in Texas is as follows.
| Offense | Charge | Jail time |
| Possession of drug paraphernalia | Class C misdemeanor | N/A |
| Possession of marijuana (0-2 oz) | Class B misdemeanor | 0 – 180 days in jail |
| Possession of marijuana (2-4 oz) or some medicines | Class A misdemeanor | 0 – 1 year in jail |
| Possession of marijuana/oil (4 oz – 5 lbs) Possession of Penalty Group 1 < 1 gram | State jail felony | 6 – 24 months in state jail |
| Possession of marijuana/oil (5 lbs – 50 lbs) Possession of Penalty Group 1 1 – 4 grams | Third-degree felony | 2 – 10 years in prison |
| Possession of marijuana/oil (50 lbs – 2000 lbs) Possession of Penalty Group 1 4 – 200 grams | Second-degree felony | 2 – 20 years in prison |
| Possession of Penalty Group 1 200 – 400 grams | First-degree felony | 5 years – life in prison |
| Possession of Penalty Group 1 over 400 grams | Enhanced first-degree felony | 10 years – life in prison |
Penalty group one in Texas includes the following:
- Cocaine
- Methamphetamine
- Heroin and like opium derivatives, including common painkillers like hydrocodone and oxycontin
- Psilocybin
- LSD
- Ketamine
- And more
As you can see, punishments get much more severe as the amount of the substance possessed (and the schedule of the substance possessed) goes up. Therefore, getting acid charges or charges for possession of magic mushrooms in Texas dropped is much more difficult than getting a charge dropped for a couple of ounces of marijuana.
What’s more is that if you are found to be in possession of more than a personal amount of a controlled substance, you are rarely ever only charged with possession, and charges for possession with intent to distribute in Texas are even steeper than those for simple possession.
Continue reading: Can you get a job with a possession charge?
Hire a lawyer who knows how to get a possession charge dismissed from Thiessen Law Firm
Although this list of defenses is not exhaustive, any good lawyer who knows how to get a possession charge dismissed will be able to tell you whether or not they will apply to your case. Anything from issues with the traffic stop to a history of addiction could potentially help you avoid jail time when faced with possession charges in Texas.
The key to getting possession charges dropped or dismissed is finding the right law firm to fight for your rights. Whether you were caught with a gram of weed in Texas or are on the hook for intent to distribute, the award-winning attorneys at Thiessen Law Firm will never stop fighting for your rights.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to request a consultation and ask us to get your possession charge dropped.
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- How To Get a DWI off Your Record in Texas
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