Dallas Drug Possession Attorney

Arrrested for Drug Possession in Dallas, TX?

Facing a drug possession charge in Texas can be one of the most stressful and overwhelming experiences of your life. A conviction may carry severe penalties, including jail time, fines, and long-term consequences for your employment, housing, and reputation. At Law Office of Patrick J. McLain, PLLC, we understand the seriousness of these charges and provide aggressive, personalized defense strategies to protect your rights and future. If you’ve been accused of possessing drugs, you need a knowledgeable Dallas drug possession lawyer on your side.

Contact us today at (214) 238-9392 today to schedule a confidential consultation with a trusted Dallas drug possession attorney.

What is Drug Possession?

Under Texas law, drug possession occurs when a person knowingly or intentionally has care, custody, control, or management of a controlled substance without a valid prescription. This definition is broad and can apply in many circumstances, even if the drugs were not found directly on your person.

Controlled substances in Texas are categorized into penalty groups, ranging from marijuana and prescription medications to substances like cocaine, methamphetamines, and opioids. The severity of the charge often depends on the type of drug, the amount found, and the surrounding circumstances.

It is important to note that drug possession charges are not limited to illicit street drugs. Even prescription medications, if not lawfully prescribed, can lead to serious criminal charges.

Common Ways to Possess Controlled Substances

Drug possession can take many forms. Prosecutors may attempt to prove possession through either actual possession or constructive possession.

• Actual Possession – This occurs when drugs are found directly on a person, such as in their pocket, bag, or hand.
• Constructive Possession – This occurs when drugs are not physically on the person but are in an area they control, such as a vehicle, home, or workplace. For example, if drugs are discovered in the glove compartment of a car you are driving, prosecutors may argue constructive possession.

Other common situations that lead to drug possession charges in Dallas include:

• Drugs discovered during a traffic stop or vehicle search
• Prescription medications carried without proof of a prescription
• Drugs found during searches of homes or workplaces
• Being present in a location where drugs are present, even if they belong to someone else

Because the definition of “possession” can be interpreted broadly, individuals are often charged unfairly or mistakenly.

Drug Possession Penalties in Texas

Texas is known for having some of the harshest drug laws in the country. Penalties depend on several factors, including the type of substance, the amount, and whether there are aggravating circumstances such as intent to distribute.

Marijuana Possession

• Under 2 ounces: Class B misdemeanor, up to 180 days in jail, fines up to $2,000.
• 2–4 ounces: Class A misdemeanor, up to 1 year in jail, fines up to $4,000.
• Over 4 ounces: Felony charges, with potential prison time ranging from 180 days to 99 years depending on the quantity.

Controlled Substances (Penalty Groups 1–4)

• Small amounts: State jail felony, 180 days–2 years in a state jail facility, fines up to $10,000.
• Larger amounts: Third-degree to first-degree felonies, with sentences ranging from 2 years to life in prison, along with steep fines.

Prescription Drugs

Possessing prescription medications without proof of a valid prescription can also result in criminal charges, often treated as felonies.

Even a misdemeanor drug conviction in Texas can have long-lasting effects, including difficulty finding employment, loss of professional licenses, and restrictions on housing opportunities.

Legal Defenses to Drug Possession Charges

At Law Office of Patrick J. McLain, PLLC, we examine every detail of your case to identify weaknesses in the prosecution’s evidence. Common legal defenses to drug possession charges include:

• Unlawful Search and Seizure – If police obtained evidence without a proper warrant or probable cause, it may be excluded from trial.
• Lack of Knowledge – You may not have known that the drugs were present, especially in cases of constructive possession.
• No Actual Control – Prosecutors must prove you had control over the drugs. Simply being near drugs does not automatically mean possession.
• Prescription Defense – If you had a valid prescription for the medication, charges may be reduced or dismissed.
• Violation of Rights – If law enforcement failed to read your Miranda rights or violated due process, your case may be compromised.

Drug Possession FAQs

Can I go to jail for first-time drug possession in Dallas?

Yes. Even first-time possession charges in Texas can carry jail time. However, in some cases, diversion programs or probation may be available.

Is marijuana possession still illegal in Dallas?

Yes. While some states have legalized marijuana, Texas continues to criminalize possession. Even small amounts can result in misdemeanor charges.

Can police search my car without a warrant?

Police must have probable cause to search your vehicle. If your rights were violated during a search, evidence may be suppressed.

What happens if I’m caught with prescription medication without proof?

Possession of prescription drugs without a valid prescription can lead to felony charges, even if the medication was legally obtained by someone else.

Do I need a lawyer for a misdemeanor drug charge?

Absolutely. Even misdemeanor convictions can have lasting consequences. A lawyer can help you fight the charge or negotiate a favorable outcome.

Contact a Dallas Drug Possession Lawyer Today

If you or someone you love is facing drug possession charges in Dallas, don’t wait to get legal help. The penalties are severe, but you have options. At Law Office of Patrick J. McLain, PLLC, we provide aggressive, experienced representation to protect your freedom and your future.

Call (214) 238-9392 for immediate assistance from a team that truly knows what it takes to defend your rights in Dallas.