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Drug Possession

Drug Possession Defense Attorney in Austin

Trial-Tested Experience in Travis County & Central Texas

Getting arrested for drug possession is an embarrassing, scary, and frustrating experience, especially if it is your first offense. Unfortunately, this type of drug crime carries serious penalties, including a costly fine and a lengthy jail sentence. In order to avoid being convicted, you need the help of a skilled criminal defense attorney.

At The Law Office of Will Mitchell, we are ready to protect your rights, reputation, and freedom from start to finish. Our Austin drug possession defense lawyer has over 18 years of experience handling a wide array of drug possession cases and has taken many cases to trial in order to obtain the most favorable outcome for his clients.

Contact us online or call us at (512) 858-8611 and request a free consultation. 

Texas Drug Possession Laws & Penalties

Misdemeanor possession of marijuana (marihuana) (POM) and possession of controlled substance (POCS) cases can carry collateral consequences outside those specifically assigned to Class A or Class B misdemeanors. The Texas Health & Safety Code contains the Texas Controlled Substances Act that categorizes various drugs into “penalty groups”.

This section details consequences for persons charged with possessing substances that fall into Penalty Groups 3 and 4. Sometimes you will see offenses for POCS involving these Penalty Groups called “Possession of a Dangerous Drug” or PODD.

What is the Maximum Punishment for a Class B Misdemeanor

Typically, the maximum punishment for a Class B misdemeanor is a maximum of 180 days in the county jail facility and a fine not to exceed $2,000 or both. A POM case in an amount under two ounces is a Class B misdemeanor in Texas. A first offense DWI is a Class B misdemeanor. A POM charge in an amount more than two ounces but less than four ounces is a Class A misdemeanor.

What is the Range of Punishment for Class A Misdemeanor

The range of punishment for a Class A misdemeanor is a maximum one year in the county jail facility and a fine of $4000 or both. Several POCS cases are Classified as Class A and Class B misdemeanors. Examples of Penalty Group 3 drugs include Xanax (alprazolam), Codeine, and Hydrocodone.

If you do not have a prescription and are found to possess any of these Penalty 3 drugs (or the many others listed in the statute…see TEX. HEALTH & SAFETY CODE ANN. § 481.104) you could be charged and convicted of a Class A misdemeanor. Penalty Group 4 drugs are generally liquids and the most common are liquid codeine and promethazine. Possessing less than 28 grams of a Penalty Group 4 drug is only a Class B misdemeanor.

How Does the State Prove Possession

In order for the State to prove “possession”, they must demonstrate that the accused (1) exercised control, management, or care over the substance, and (2) the accused knew the matter possessed was contraband. Your lawyer must be able to mount a defense to one of these two prongs in a possession case.

What Happens if You are Convicted

If convicted, not only are you subjected to the punishment ranges discussed above, there could be other unforeseen consequences. For example, if you are a student attending a university, federal law prohibits the issuance of Federal Stafford Loans to those convicted of drug charges. In the Texas Transportation Code, any conviction for POM or POCS also results in a driver’s license suspension for 180 days (one-year suspension if under the age of 21).

How We Can Help You Avoid Conviction

When charged with a misdemeanor drug case, there are ways we can keep a conviction from occurring. First, The Law Office of Will Mitchell can go to trial and attack the elements of the offense and prevent the State from meeting their burden of proof beyond a reasonable doubt.

Also, we can negotiate your case with the State to a plea agreement that does not involve a conviction. Typically, these agreements may involve drug classes and community service.

What Other Options do You Have

Deferred adjudication may also be an option in a situation where the accused agrees to do community supervision for an agreed amount of time and the maximum length is two years for a misdemeanor. At the end of the probation period, the drug case is then dismissed, and no guilty finding is ever made.

Do All Counties Treat Drug Cases the Same

Different counties treat drug cases differently. In Travis County and the Austin area, drug cases are met with less strict punishments for first time offenders. Indeed, the City of Austin will write you a “field-release” citation for possessing small amounts of marijuana and you do not even get arrested.

Other counties in the hill country such as a Kerr County POM or a Kendall County POCS may be met with a little more aggressive State action. People in Kerrville, Fredericksburg, and the adjacent counties tend to be a bit more conservative than their fellow Texans in Austin.

Schedule a Free Consultation Today

If you or a loved one has been charged with any drug related charge in Austin or the Texas hill country, give our firm a call immediately so we can discuss your options and get to work for you. We are committed to help you avoid conviction and get your life back on track.

Call us today at (512) 858-8611 to learn how we can help you. 

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  • "He got my felony dropped, that says it all."

    I will forever be grateful for Will! He helped me get through one of the hardest times of my life. I was so scared when I first walked into his office for a consultation because my case was bad. He got my felony dropped, that says it all. Thank you Will for being there for me physically, mentally, and emotionally!

    Jessica P.
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    Will is great and really helped me during a time of need.
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  • "When Will says he can handle a case, he means it."

    Mr. Mitchell is an intelligent, qualified, and effective person to have represent you. When Will says he can handle a case, he means it. Always a straight shooter, I felt I was in good hands and would recommend his law office to anyone in need.

    Jon N.
  • "He was very personable."

    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone, and he listened to me explain what I needed help with. He didn't rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.

    Former Client
  • "Thank you for all you did to see me get through this detrimental process."
    Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry. Will knows the laws and his overall industry well. Will keeps pushing for his desired ruling, and will make sure that he has done everything in his power to make sure you get the best ruling possible. Olivia makes sure you are aware of all the events that are needed during your trial process and makes sure you don’t miss out on any necessary paperwork, dates, classes, etc. — she and Will want to see you come out on the other end as winning as possible. They both care for their clients and I thank them for all they have done to make sure this process has been one of LESS STRESS. Thank you Will and Olivia, you two are an amazing team and force — I highly recommend your services to any full-time working professional, thank you for all you did to see me get through this detrimental process.
    Vonnie
  • "He explained what he could do to help my case and he did exactly that."
    I would personally like to thank Mitchell for his professional work with my case. He explained what he could do to help my case and he did exactly that. If I or anybody needed a lawyer I would strongly recommend him.
    M.L.
  • "An amazing lawyer."

    An amazing lawyer that's friendly and has a deep knowledge of the court system. He kicks butt!

    Michael A.
  • "I will be forever grateful for his hard work."
    Will is not only an incredible attorney, he is an incredible person. He helped me through one of the toughest times of my life and took care of everything so I could calm down and focus on finishing what I needed to finish. He even had my DUI reduced to an obstruction of a highway! I will be forever grateful for his hard work, consistent communication, and incredible knowledge of the legal process. Thank you Will!
    A.C.