Drug Possession Lawyer in Austin
Fighting Drug Charges in Austin & San Antonio, Texas
When facing drug possession charges in Travis, Hays, and Williamson counties, or anywhere in Texas, your freedom, reputation, and future are on the line. At Peek Law Group, our team of top Austin criminal defense lawyers—several of whom are Board Certified—provides aggressive, strategic representation to fight for the best possible outcome in your case.
Since 1996, we have successfully defended Texans against serious criminal charges, earning nearly 500 five-star client reviews and a reputation for excellence in and out of the courtroom. With decades of experience and tens of thousands of cases handled, our skilled trial attorneys know how to challenge the prosecution’s evidence, protect your constitutional rights, and build a strong defense.
We also understand the stress and uncertainty that come with criminal charges. Our bilingual team ensures clear communication and a seamless legal process, no matter your background or language preference. If you or a loved one has been charged with drug possession, don’t wait to get the legal defense you need.
Call (512) 474-4445 or fill out our online form to speak with our Austin drug possession defense lawyers at Peek Law Group today.
What is Considered Drug Possession in Texas?
In Texas, drug possession is defined under Texas Health and Safety Code § 481, which makes it illegal to knowingly or intentionally possess a controlled substance without a valid prescription. Possession means having care, custody, control, or management of a drug, whether it is found on your person, in your vehicle, in your home, or even in a shared space.
Texas law classifies drug possession charges based on the type and amount of the controlled substance, with penalties ranging from misdemeanors to serious felonies.
Controlled substances are divided into Penalty Groups, including substances such as:
- Penalty Group 1 – Cocaine, heroin, methamphetamine, fentanyl.
- Penalty Group 2 – Ecstasy (MDMA), PCP.
- Penalty Group 3 – Xanax, Valium, Ritalin (without a prescription).
- Penalty Group 4 – Some prescription medications with potential for abuse.
Even possessing a small amount of certain drugs can lead to harsh penalties, including jail time, fines, probation, and a permanent criminal record. The consequences increase significantly for larger quantities, which can lead to intent to distribute or drug trafficking charges.
If you are facing drug possession charges in Texas, you must have experienced legal defense on your side. At Peek Law Group, we know how to challenge evidence, question unlawful searches, and protect your rights.
Call (512) 474-4445 today for a consultation with our experienced Texas drug defense attorneys.
What are the Most Common Defenses Against Drug Possession Charges in Texas?
Being charged with drug possession in Texas does not mean a conviction is inevitable. Depending on the circumstances of your case, several legal defenses may be available to challenge the charges and potentially have them reduced or dismissed.
Here are the most common defenses used in Texas drug possession cases:
Law enforcement must follow strict procedures when conducting searches and seizures. If the police obtained the drugs without a valid warrant, probable cause, or your consent, your attorney may argue that your constitutional rights were violated, leading to the suppression of the evidence.
- Lack of Knowledge (Unknowing Possession)
To convict someone of drug possession, the prosecution must prove that the defendant knowingly or intentionally had control over the substance. If you were unaware of the drugs in your home, vehicle, or belongings—such as a friend leaving them in your car—you may have a strong defense.
- Lack of Possession (Constructive Possession Defense)
Possession does not always mean physical possession. Texas law recognizes actual and constructive possession. If drugs were found in a shared space (like a car or apartment), the prosecution must prove that you had control and knowledge of the drugs. If they cannot directly link you to the drugs, your case may be dismissed.
- Violation of Miranda Rights
If law enforcement failed to read your Miranda rights upon arrest or coerced a confession, your statements may be inadmissible in court. An experienced defense lawyer can challenge improper police procedures that led to self-incrimination.
- Chain of Custody & Lab Testing Issues
Prosecutors must provide verified, tested evidence that the alleged substance is illegal. If there are errors in handling, labeling, or testing the drugs—or if the prosecution cannot prove that the substance was an illicit drug—your case may be dismissed due to chain of custody violations.
- Medical or Prescription Defense
If you were arrested for possessing a controlled substance lawfully prescribed, your lawyer can present your valid prescription as a defense. This applies to substances such as Xanax, Adderall, or painkillers that fall under controlled substance regulations.
If law enforcement pressured, induced, or tricked you into committing a crime you would not have otherwise committed, it may be considered entrapment. This defense is especially relevant in cases where undercover officers aggressively encourage illegal activity.
- First-Time Offender & Diversion Programs
For those facing their first drug possession charge, Texas courts sometimes offer diversion programs or deferred adjudication. Completing these programs can result in dismissal of charges and keep your record clean.
Don’t face it alone if you or a loved one has been charged with drug possession in Texas. At Peek Law Group, our experienced Austin criminal defense attorneys know how to build strong defenses and fight for your rights.
Call (512) 474-4445 today for a consultation and start your defense with Peek Law Group.
Why Choose Our Texas Drug Possession Attorneys
- Experience: With years of experience, our attorneys have a deep understanding of drug possession laws in Texas, providing you with the best defense strategies.
- Personalized Approach: We recognize that each case is unique. Our tailored approach ensures your defense aligns with your specific situation.
- Legal Expertise: Our team’s in-depth knowledge of criminal law and drug possession regulations empowers us to build a strong case on your behalf.
- Courtroom Skills: We are skilled negotiators and aggressive litigators, prepared to advocate for your rights whether through negotiation or in the courtroom.
- Client-Centered: Your well-being matters. We provide compassionate support and guidance throughout the legal process.
Our Texas Drug Possession Services
- Case Evaluation: We assess the details of your case to determine the strengths and weaknesses, helping you understand your options.
- Legal Strategy: We develop a customized strategy based on your circumstances, aiming to achieve the best possible outcome.
- Evidence Analysis: Our team meticulously reviews the evidence against you, identifying potential weaknesses in the prosecution’s case.
- Negotiations: When appropriate, we negotiate with the prosecution to seek reduced charges or alternative sentencing.
- Aggressive Defense: If your case goes to trial, we vigorously defend your rights, presenting a compelling case in court.
Contact Our Drug Possession Defense Lawyers in Austin, Texas
If you face drug possession charges, your decisions today can impact your future. At Peek Law Group, our experienced Austin drug possession lawyers understand the complexities of Texas drug laws and are committed to providing our clients with the highest legal representation.
We take a personalized approach to every case, carefully analyzing the details and exploring every legal avenue to challenge the charges against you. Whether through negotiating for reduced penalties, seeking case dismissals, or aggressively defending your rights in court, we fight to secure the best possible outcome for your situation.
Your freedom, reputation, and future are too important to leave to chance. Contact us today to get the skilled legal defense you deserve.
Call (512) 474-4445 or complete our online form to schedule a confidential consultation with a top-rated, bilingual Austin criminal defense attorney at Peek Law Group.
To begin, call us at (512)-474-4445 today and talk to an expert now.
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