Strategic Defense for Texas Drug Charges
A drug charge can feel like the end of the world. We understand. We're here to protect your rights, your reputation, and your future.
More Than Just a Case File
At Justice & Associates, we know that a drug charge is rarely just about the drugs. Often, it's connected to deeper life challenges—stress, trauma, mental health issues, or addiction. While the State sees a defendant, we see a person who needs help and a vigorous defense. Our first step is to listen. We approach every case with compassion and a commitment to seeing the whole picture, fighting not just to beat the charge, but to help you move forward with your life.
Understanding Your Charge: Possession vs. Delivery
In Texas, drug penalties are severe and depend heavily on two factors: the type of drug and the alleged crime. It's critical to understand the difference between the two most common charges.
Possession of a Controlled Substance
This is the most common drug charge. To convict you, the State must prove you intentionally and knowingly had "care, custody, control, or management" of an illegal substance. This is more complicated than it sounds. If drugs are found in a shared space, like a car with multiple people, the prosecutor must use evidence to create "affirmative links" between you and the drugs. Without those links, they may not have a case.
Manufacturing or Delivery
This is a far more serious charge than simple possession. "Delivery" means transferring a substance to another person. "Manufacturing" involves creating or processing a drug. These charges carry significantly harsher penalties and require an aggressive and experienced defense team to challenge the evidence and the State's narrative.
Texas Drug Penalty Groups
Texas law categorizes controlled substances into penalty groups. The lower the group number, the more severe the penalties. The amount of the substance also drastically affects the potential punishment.
| PENALTY GROUP | COMMON EXAMPLES | SEVERITY |
|---|---|---|
| Group 1 / 1-A | Cocaine, Heroin, Methamphetamine, Fentanyl, LSD | Most Severe |
| Group 2 / 2-A | Ecstasy (MDMA), PCP, Mescaline, Synthetic Cannabinoids | Severe |
| Group 3 | Valium, Xanax, Ritalin (without prescription) | Moderate |
| Marijuana | Marijuana, THC concentrates (vape pens, edibles) | Varies Widely |
Note: Penalties for any group can range from a misdemeanor to a first-degree felony depending on the weight of the substance.
Our Defense Strategy: How We Fight for You
A successful defense begins with a thorough investigation of every detail of your case. We don't take the police report at face value. We scrutinize the evidence and the procedures used to obtain it, looking for weaknesses and violations of your constitutional rights.
Challenging the Search and Seizure
The Fourth Amendment protects you from unreasonable searches. Did the police have a valid reason to stop your car? Did they have a legal right to search your person, vehicle, or home? If your rights were violated, we will file a Motion to Suppress the evidence. If the motion is granted, the illegally obtained evidence is thrown out, which can lead to a full dismissal of your case.
Attacking "Affirmative Links"
If you didn't have the drugs on your person, the State must prove you knew about them and exercised control over them. We challenge the prosecution's alleged "links," such as your proximity to the drugs, incriminating statements, or ownership of the location, to show that the evidence is too weak for a conviction.
Scrutinizing the Chain of Custody
The State must prove that the evidence presented in court is the exact same substance seized at the scene, and that it was not contaminated or tampered with. We examine the chain of custody records for any breaks or inconsistencies that could compromise the integrity of the evidence.
A Drug Conviction Can Alter Your Life. Let Us Protect Your Future.
Don't wait to get help. The sooner we can start building your defense, the better your chances for a positive outcome. Contact us now for a free and completely confidential case evaluation.