Skilled Drug Possession Defense Attorneys in San Antonio, Texas
A drug possession charge in Texas can have serious and lasting consequences, even if it is your first offense. The state enforces strict drug laws, and prosecutors work aggressively to secure convictions. A conviction can lead to jail time, heavy fines, a permanent criminal record, and difficulties obtaining employment, housing, or professional licenses.
At Peek Law Group, we understand that not every drug possession charge is justified. Law enforcement often violates constitutional rights, conducts unlawful searches, or misinterprets the facts when making an arrest. Our board-certified criminal defense attorneys in San Antonio have successfully defended individuals accused of misdemeanor and felony drug possession and have helped clients avoid jail time, reduce charges, or have cases dismissed altogether.
If you or a loved one has been arrested for drug possession in Bexar County, you need an experienced defense attorney as soon as possible. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation.
What is Drug Possession Under Texas Law?
Texas law defines drug possession as knowingly or intentionally having control over an illegal substance. However, prosecutors do not need to prove that drugs were physically found on you to file charges.
There are two types of possession under Texas law:
Actual Possession
- Drugs were found in your person, including in your hand, pocket, or bag.
- You had direct control over the substance.
Constructive Possession
- Drugs were found near you, such as in a car, home, or workplace.
- Law enforcement believes you had knowledge of and access to the drugs, even if they were not yours.
- Prosecutors may claim you had control over the drugs based on the circumstances.
Many wrongful drug possession charges arise from constructive possession, where innocent individuals are accused because they were simply in the wrong place at the wrong time.
If you are facing drug possession charges in Texas, do not try to handle it alone. An experienced San Antonio drug possession attorney can analyze your case and build a strong defense. Call Peek Law Group at (512) 399-2311 today.
What are the Most Common Types of Drug Possession Charges in Texas?
Drug possession charges in Texas depend on the type of drug and the amount found in possession. The state categorizes drugs into Penalty Groups, with Penalty Group 1 carrying the harshest penalties.
The most common types of drug possession charges Peek Law Group defends against include:
Possession of Controlled Substances
Includes illegal drugs such as:
- Cocaine.
- Heroin.
- Methamphetamine.
- Ecstasy (MDMA).
- LSD.
- Fentanyl.
Possession of Prescription Drugs Without a Prescription
Including:
- Oxycodone.
- Xanax.
- Valium.
- Hydrocodone.
- Adderall.
Possession of Marijuana
Texas law strictly prohibits marijuana possession, except for limited medical use under the Compassionate Use Program. Even small amounts of marijuana can lead to a criminal charge.
Possession of Drug Paraphernalia
Possessing pipes, bongs, rolling papers, syringes, or baggies may incur additional charges. Law enforcement may try to argue that possession of paraphernalia indicates drug use or intent to distribute.
A drug possession conviction can have serious long-term effects. Our San Antonio criminal defense attorneys fight to reduce charges, negotiate alternatives to jail, or have cases dismissed altogether. Call (512) 399-2311 for a consultation.
What are the Most Common Legal Defenses Against Texas Drug Possession Charges?
At Peek Law Group, we aggressively challenge drug possession charges using proven legal defenses backed by decades of experience and board-certified expertise. Since 1996, our San Antonio criminal defense attorneys have successfully defended individuals facing misdemeanor and felony drug possession charges, ensuring their rights are protected at every stage of the legal process. We bring in-depth legal knowledge, strategic defense tactics, and a relentless commitment to securing the best possible outcome for our clients.
Although all charges and circumstances are unique, common defense strategies for Texas drug possession cases include:
- Illegal Search and Seizure
Law enforcement cannot search you, your home, or your vehicle without probable cause or a valid warrant. If evidence was obtained unlawfully, we can file a motion to suppress, which may result in a dismissal of charges.
- Lack of Knowledge or Control
If drugs were found in a shared space, we argue that you had no knowledge or control over them. The prosecution must prove you knowingly possessed the drugs—proximity alone is not enough for a conviction.
- Lab Testing and Chain of Custody Issues
Drug evidence must be properly tested and documented. If there are gaps in evidence handling, we may challenge the validity of the drug test results.
If law enforcement coerced you into making statements or violated your Miranda rights, we may seek to exclude evidence from the case.
- Entrapment or Police Misconduct
If law enforcement pressured or tricked you into possessing drugs, this may be a valid defense. We investigate whether police engaged in unlawful tactics during your arrest.
A strong legal defense can distinguish between a conviction and a case dismissal. Call Peek Law Group at (512) 399-2311 today to start building your defense.
Can I Be Charged with Drug Possession If the Drugs Were Not Mine?
Many people believe that they cannot be charged with drug possession if the drugs do not belong to them. However, under Texas law, possession does not only mean physically holding drugs—you can be charged with constructive possession, which means you had access to and control over the substance, even if it was not yours.
Prosecutors often try to establish constructive possession in cases where drugs are found in a shared space, such as a vehicle, apartment, or workplace. If law enforcement believes that you know about the drugs and can control them, you can still be charged with a serious drug crime.
Some factors that may lead to drug possession charges include, but are not limited to:
- Drugs Found in a Shared Space – If illegal substances are discovered in your car, home, or belongings, police may claim you were in possession even if they were not yours.
- Proximity to the Drugs – If drugs are found near you, such as in a vehicle’s center console, glove box, or shared apartment, prosecutors may argue that you had knowledge and access to them.
- Your Behavior During the Arrest – If you appear nervous, try to hide evidence, or make inconsistent statements, law enforcement may use this as evidence of guilt.
- Statements from Others – If another person claims the drugs were yours, or you made incriminating statements, prosecutors may use this against you.
- Presence of Drug Paraphernalia – If officers find pipes, rolling papers, or baggies in your possession, they may argue that you were using or distributing the drugs.
Just because you were near drugs does not mean you are guilty. At Peek Law Group, we use strategic legal defenses to challenge drug possession charges, including:
- Lack of Knowledge – If you were unaware of the drugs, we argue that you did not knowingly possess them.
- Insufficient Evidence – The prosecution must prove that you had control over the drugs, not just proximity to them.
- Illegal Search and Seizure – If police do not have a valid warrant or probable cause, we can challenge the evidence and seek a dismissal of charges.
- Mistaken Identity – If law enforcement arrested the wrong person, we can work to prove your innocence through witness testimony and evidence.
Being falsely accused of drug possession can lead to serious criminal consequences. If you have been charged, you need an experienced San Antonio drug crimes defense attorney who can fight the allegations and protect your future. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today.
What Should You Do If You Are Arrested for Drug Possession in Texas?
A drug possession arrest can be overwhelming, but what you do next can significantly impact your case.
The best steps to take after a Texas drug possession arrest include:
Do not answer police questions or discuss your case without an attorney. Anything you say can and will be used against you in court.
- Do Not Consent to a Search
If police ask to search your car or home, you can refuse without a valid warrant. If law enforcement conducts an illegal search, we can challenge the evidence.
Write down everything you remember, including the officers involved and how the drugs were found. Identify any witnesses who may help your case.
- Contact an Experienced Drug Possession Defense Lawyer
The sooner you hire an attorney, the better your chances of avoiding jail time and a criminal conviction. We can negotiate reduced charges, seek alternative sentencing, or fight for case dismissal.
Our Skilled San Antonio Criminal Defense Lawyer Represents Clients in the Following Practice Areas:
Contact Our Skilled Drug Possession Defense Lawyers in San Antonio, Texas Today
A drug possession conviction can impact your freedom, career, and future opportunities. At Peek Law Group, we provide aggressive legal representation to fight your charges and protect your rights. Whether you are facing a misdemeanor or felony, our board-certified criminal defense attorneys will work tirelessly to secure the best possible outcome for your case.
The sooner you take action, the better your chances of avoiding severe penalties. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today.
Español
