San Antonio Drug Crime Defense Lawyers
Put the Team with a Former Prosecutor on Your Side
Recreational drugs are so common in our society that drug charges have become prevalent in every state. Texas is no different. Our state’s law enforcement takes these offenses very seriously. Drug charges can happen to people of all walks of life from students to professionals.
If you are caught with even a small amount of marijuana, you are subject to criminal charges. At Smith & Vinson Law Firm, we are completely familiar with all aspects of drug crime charges and procedure, having represented numerous Texans in this field of law. Our team includes a former prosecutor who thoroughly understands how the State of Texas will prosecute you. As trial-tested litigators, we know all the various legal strategies that apply to drug crime defense, whether it is a case of being accused of a small quantity of street drugs, alleged prescription drug fraud, or drug trafficking. We want to hear your side of the story and we can aggressively fight to assert your constitutional rights as we seek to protect your future.
Let Smith & Vinson Law Firm fight for you. Contact us at (210) 960-9557 for a free consultation.
Types of Drug Charges in Texas
Some of the many drug crimes in Texas include:
- Possession of a controlled substance
- Possession of marijuana
- Possession with intent to distribute
- Drug manufacturing or cultivation
- Drug trafficking
How these offenses are charged will depend on many factors, such as the type and quantity of the drug involved, whether intent to distribute played a part, whether the incident included minors, and whether it occurred in a school zone.
Furthermore, in cases where controlled substances crossed or were intended to cross state lines, the DEA may be alerted. In those circumstances, federal charges may be levied as well.
Drug Possession Penalties
The penalties for drug possession are based on the type of drug involved in the arrest.
For instance, under Possession of Marijuana (Penalty Group I):
- Possession of two ounces or less of marijuana is charged as a Class B misdemeanor, punishable by up to 180 days in jail and/or up to $2,000 in fines
- Two to four ounces of marijuana possession is a Class A misdemeanor carrying penalties of up to a year in a county jail and/or up to $4,000 in fines
- More than four but less than five pounds of marijuana possession is classified as a state jail felony punishable by 180 days up to two years in a state jail and/or up to $10,000 in fines
- More than five but less than 50 pounds of marijuana possession is a third-degree felony punishable by two to 10 years in prison and up to $10,000 in fines
- More than 50 but less than 2,000 pounds of marijuana possession is charged as a second-degree felony carrying penalties of two to 20 years in prison and/or fines of up to $10,000
- More than 2,000 pounds of marijuana possession is charged as an enhanced first-degree felony carrying penalties of five to 99 years in prison and up to $50,000 in fines
Other Controlled Substances
Under Texas law, controlled substances are classified into four penalty groups. These groups are further defined by weight.
In descending order of severity, they are:
- Group I, containing such drugs as cocaine, marijuana, opium, oxycodone, and methamphetamine
- Group II, containing drugs such as mescaline, ecstasy, and amphetamine
- Group III, with such drugs as LSD, Xanax, and valium
- Group IV, containing compounds using smaller amounts of narcotics or medical drugs
Drug Crime Defenses
Under the Fourth Amendment, citizens are protected from unreasonable search and seizure. This means that if law enforcement failed to obtain a search warrant or otherwise violated your constitutional rights, the evidence they seized is not admissible in court. Lacking such evidence, the prosecution will fail to be able to prove its case. Additionally, should police misconduct have occurred when investigating you, such misconduct may work to get your charges reduced or your case dismissed.
Often, the evidence brought against you is not as airtight as you might think. What law enforcement asserts as having happened may be very different from what actually occurred. Because of this, our San Antonio drug crime defense lawyers know how crucial it is to conduct a detailed investigation into the arrest so that the whole story can be uncovered.
What Smith & Vinson Law Firm Does
Inexperienced, lazy, or overworked attorneys will often do nothing more than engage in “plea bargaining” with the prosecutor after giving your case a passing glance. Our San Antonio drug crime defense attorneys do not jump to plea bargaining. We believe that pleading guilty to a felony offense only moves you closer to an extended prison sentence. At Smith & Vinson Law Firm, our attorneys use every available legal avenue in your defense. As trial lawyers with a reputation for thoroughness and tough defenses, we will exhaustively review all facets of your case in order to get a handle on how to fight for the best possible results.
Our approach is to start preparing your case for trial from the get-go. Not every case ends up going to trial, but this approach results in our team being better prepared than the opposing side at every phase of the legal process. Because of our extensive preparation, we are likely to elicit better offers from the prosecutor. However, we will never retreat from a courtroom fight when necessary.
When you bring your case to us, we will:
- Conduct our own detailed investigation. Our legal team always reviews your case and the evidence brought forward by the arresting officers to discover what really took place. We do this by interviewing witnesses, listening to your side of the story, and requesting further testing that may work in your favor.
- Aggressively protect your legal rights. Police officers are not without fault. They may often engage in inappropriate, intrusive, or overzealous actions that lie beyond the protections of the Constitution. With our representation, evidence gathered through illegal search and seizure or unlawful interrogation tactics will not be allowed to impact your case.
- Negotiate with the prosecutor. Texas prosecutors frequently use alleged crimes that never really occurred to enhance the defendant’s criminal charges. Pleading guilty to a drug charge can have a serious impact on your life. If this is enhanced to result in even harsher penalties, our team will work aggressively to get charges reduced or removed.
- Find diversion programs. There are many avenues to provide the help you need and to keep you out of jail, even in the face of criminal charges. These include drug education programs and treatment programs that will help put your life back together and keep your record free of future drug charges. Our drug crime defense lawyers strive to find positive solutions for you. In the case of keeping you out of jail, if an option exists to achieve that, our team will find it.
We Are Available 24/7
Drug charges can occur to anyone in an instant. A drug arrest can be terrifying, especially if you have had little contact with the criminal justice system. If you find yourself in this position, you need immediate legal counsel and protection. You will find aggressive representation from the San Antonio criminal defense attorneys at Smith & Vinson Law Firm. Let us begin fighting for you.
Your initial consultation is free. Call now at (210) 960-9557 to get started.
Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.- Michael
Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support- Andrew
They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.- Elmer Marqueiz
Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.- Manuel R.
Case Dismissed Aggravated Robbery
Our client was accused of robbing another person at gunpoint for some sneakers along with a co-defendant and getaway driver. We investigated the evidence and discovered that it was the co-defendant who arranged for the purchase of the sneakers, and that surveillance video disproved the State’s theory that a gun was brandished or that our client knew what was going on.
Charges Dismissed Sexual Assault Investigation
Our client was a Texas State student who had a bright career ahead of him. He was accused of sexual assault by a classmate and an overzealous law enforcement officer proceeded to arrest him without a thorough investigation. Our team was able to fight for our client by putting together a defense that showed that the actions between the two were consensual and that his accuser had ulterior motives. The District Attorney's Office agreed and dismissed the case.
Charges Avoided Assault
Client had been celebrating his birthday and tried to prevent some of his guest from driving while intoxicated. While attempting to arrange an alternative ride for a relative, the relative’s girlfriend decided she wasn’t having it and decided to start an altercation with a few other guest. Later she accused our client of having assaulted her and sending her to the hospital.
Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.
Dismissed Assault Family Violence Domestic Violence
Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for.