Fort Worth Drug Possession Attorney
Being charged with criminal drug possession is a serious matter. The consequences of a conviction could have a severe impact on not only your future, but the future of those you love. Penalties can range from substantial fines to prison sentences. Your education, career, and reputation may also be seriously affected. You need a skilled Fort Worth drug possession lawyer to defend your rights and protect your interests. At Mitchell Law Firm, PLLC, I provide knowledgeable legal guidance to those accused of drug possession.
If you need representation in your possession charges case, get in touch with me today to set up a consultation. After many years of serving Texans across Southeast Texas, our firm has relocated to Fort Worth, where we will continue to serve and defend the rights of Texans all across the DFW metroplex and surrounding counties.
Texas Drug Possession Laws
Texas law takes illicit drug use very seriously, whether it involves marijuana or another controlled substance. Penalties can vary depending on the amount the person had on them when they were arrested, as well as the type of drug they were charged with possessing. The charges may also be impacted by whether the person was around minors when they were in possession of the drugs. In Some instances, a conviction for possession may also affect your driving privileges.
Penalties
If you’ve been charged with drug possession, you’re likely worried about the potential consequences you face if convicted. The penalties for Texas drug possession convictions can vary based on a range of factors, including:
- The type of drug involved
- The amount found in possession
- How the drug was stored or concealed
- Possession of additional drug paraphernalia (such as a scale or large amounts of money)
- Prior convictions
For small amounts of certain drugs, the state breaks down drug possession charges into three types of misdemeanors: class A, B, or C. Penalty classifications, which may range from $4,000.00 in fines and up to a year in jail for a class A, all the way down to a $500.00 fine or 6 months in jail on a class C. Depending on the amount found in the defendant’s possession, they could be charged with a felony where the penalty can range from a State Jail felony, third-degree, second degree, or 1st degree felony. This includes 180 days up to 24 months along with up to a $10,000.00 fine on a state jail penalty, 2-10 years in prison with up to $10,000.00 fine on a 3rd degree, 2-20 years in Prison and up to a $10,000.00 fine on a 2nd degree, or 5-99 years in prison and up to a $10,000.00 fine on a 1st degree.
Possible Defenses
I understand the ins and outs of Texas drug possession laws. With that being said, I have the knowledge to help you prepare a defense to your charges. Together, we’ll discuss your options, which may include:
- Insufficient quantity
- Lack of knowledge that you were in possession of the controlled substance
- The drug in question was not intended for human consumption.
- The drug is a prescribed medication from a medical doctor.
- The drug is medical marijuana.
- The drug was a substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic (FD&C) Act.
- The drug has been approved for investigational use under the FD&C Act, and your conduct was in accord with that exemption.
- It’s important to note that addiction is not a viable defense to a Texas drug possession charge.
How an Attorney Can Help
When facing drug possession charges, having an experienced attorney on your side is essential. They can challenge a prosecutor’s allegations, argue on your behalf, and if necessary, work with the courts to reduce the charges.
If you have been falsely arrested, accused, or charged with the possession of drugs, call Mitchell Law Firm, PLLC, today. I’m committed to providing you with aggressive representation in Southeast Texas. Your rights—and your future—deserve to be defended. If you live in the areas of Fort Worth, Texas, and surrounding counties, contact my office today. I’ll set you up with a consultation so we can discuss your options. Together, we can seek a favorable outcome to your case.
Drug Charge Statistics in Texas
In 2025, drug-related crime in Texas is projected to cost $27.6 million, a figure that reflects the combined burden on law enforcement, courts, incarceration, emergency medical services, and lost productivity. In the fiscal year 2023, the U.S. Sentencing Commission reported 16,239 federal drug cases involving Texans, covering both possession and trafficking offenses.
In a major local case, Tarrant County deputies seized 350,000 counterfeit M-30 pills laced with fentanyl during a traffic stop on I-20, marking the largest fentanyl pill bust in the county’s history. The pills, hidden in the vehicle’s gas tank, weighed 43 kilograms and had a street value of $1.4 million. The driver was arrested.
FAQs
Q: How Do You Beat a Drug Possession Charge in Texas?
A: Beating a drug possession charge in Texas often requires challenging the legality of the search or proving a lack of knowledge or control over the substance. Evidence may be excluded if law enforcement violated your rights during the stop or arrest. Each case depends on facts backed by strong legal arguments, so building a strong defense requires examining all the details and identifying opportunities to weaken the prosecution’s case.
Q: What Is the Charge for First Time Drug Possession in Texas?
A: The charge for first-time drug possession in Texas depends on the type and amount of the substance involved. Low amounts of marijuana may be classified as a misdemeanor, while small amounts of controlled substances, like meth or cocaine, can result in a felony. Texas law enforcement does not automatically go lenient on first offenders, so the legal consequences can still be serious. A strong defense in these cases could lead to a favorable plea bargain offer or reduced charges.
Q: What Is the Minimum Sentence for a Drug Charge?
A: Minimum sentences for drug charges in Texas vary by drug type and quantity. For example, possession of less than one gram of a Penalty Group 1 substance may carry a minimum of several months in jail. Some charges qualify for probation, but jail time is still a risk. Even small quantities of certain drugs can trigger mandatory sentencing under Texas law.
Q: Can A Felony Drug Charge Be Reduced to a Misdemeanor in Texas?
A: A felony drug charge in Texas can sometimes be reduced to a misdemeanor, but it depends on factors such as drug quantity, criminal history, and whether the case involved violence or distribution. Reductions may be possible through plea deals or if the evidence supports a lesser charge. Working to suppress evidence or disprove elements of the crime may also open the door to reclassification.
Q: What Happens If You Get Caught With Fentanyl Pills in Texas?
A: Getting caught with fentanyl pills in Texas can lead to a felony charge, even for a small amount. Fentanyl is classified under Penalty Group 1-B, which carries harsh penalties due to its potency. If pills are counterfeit or laced, the charges may escalate further. Possession alone can trigger prison time, and intent to distribute can bring even more severe consequences.
Possession Charge Attorney Serving Fort Worth, Texas
Don’t let a drug possession charge throw your life off course. Work with a skilled attorney to seek the resolution you deserve. Brennon Mitchell, Attorney at Law, holds the prestigious Forensic Lawyer-Scientist designation from the American Chemical Society’s Chemistry and the Law Division, earned through advanced training in forensic chromatography, drug analysis, and DUID principles.
When your future is on the line, you need an aggressive defender on your side. At Mitchell Law Firm, PLLC, I want to help guide you toward justice. Contact me today to request a consultation.