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Facing Drug Crime Charges?
Protect Your Freedom
Before Time Runs Out.

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
  • Conspiracy

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.

Our Clients Are Our Biggest Endorsers
Hear What They Have to Say

  • Awesome communication

    “They handle my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process. ”

    Elmer Marqueiz

  • He's a real lawyer!

    “A civil issue arose in Austin with a family member. We sought the advice of a well named Austin attorney. This unnamed attorney provided egregious legal advice. In court, a lifetime civil injunction was ruled by the judge on this non-criminal civil issue. Once learning of this judgement we immediately started looking for another attorney and found Brad Vinson, with Smith and Vinson. Simply put, Brad had this entire debacle reversed and a new judgement set for what is customarily ruled in similar cases. It didn't take long either. I only wish we had called Brad first. He's a real lawyer!”


  • 5 Stars in making me feel like a top priority!

    “Jarrod Smith of Smith and Vinson Law Firm provided me with the best service I could have possibly asked for. 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 in providing me the most support and information on how to best handle my case. I'd recommend this firm to anyone seeking help with a traffic violation of any kind. I feel that if it weren't for them I would have been heavily misguided and probably would not have made it through the system with the best possible outcome for me. 5 Stars for their service, generosity, and in making me feel like a top priority!”


  • 110% glad I chose Jarrod to represent and fight for me.

    “Pay them, be honest with them and communicate with them and they will fix your mistake. Plain and simple. Charged 1st DWI offense. Called in. Told them scenario. Worked with payment methods (very important) .I had numerous lawyers to choose from. 110% glad I chose Jarrod to represent and fight for me. Throughout whole process I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened. mission accomplished. if you need a DWI removed call jarrod”

    Ronald D.

  • Outstanding Lawyer

    “He is well versed in evidence and criminal law nuances, skills which allow him to level the playing field for his clients and make certain they get a fair chance at justice.”


  • Top Attorney Avvo Rating 10.0
  • Texas Criminal Defense Lawyers Association
  • Avvo 10.0 Rating
  • Texas Bar College
  • DUI Defense Lawyers Association
  • National College for DUI Defense
  • Avvo 5 Star Reviews
  • Avvo Clients' Choice Award


  • We are accessible to you. Our attorneys can be reached 24/7.
  • Bold and fearless defense are what we are known for.
  • Turn to us for straightforward legal advice when you need it.
  • We offer free consultations to every single client served.