Drug Possession Attorney San Antonio TX

Understanding Drug Possession Charges 

Under the terms of the Texas Controlled Substances Act, possession of a controlled substance is defined as having the drug in one’s “actual care, custody, control, or management.” If you have been caught with drugs during a traffic stop, a search of your home or in a stop-and-frisk on the street, the law enforcement officer will naturally assume that the drugs are yours.

In the event that you are found with unusually large quantities of drugs – more than would normally be required for your own personal use – the charge will typically be increased to possession with intent to distribute. Possession is the most common type of drug offense, and depending on the circumstances of the crime the penalties can range from relatively minor to severe.

drug possession

Drug Possession Penalties in San Antonio

The penalty for illegal possession of drugs depends in large measure on the specific type of drug that is involved. State law assigns each type of drug to one of five different penalty groups, with more dangerous drugs carrying harsher possible sentences. The other major factor that will impact the sentencing in a drug possession case is the quantity of drugs involved.

For example:

  • Possession of no more than 2 ounces of marijuana is a misdemeanor punishable by up to 180 days in jail and no more than $2,000 in fines
  • Possession of more than 2 ounces is punishable by as much as a year in jail and $4,000 in fines
  • Possession of more than 2,000 pounds is punishable by up to $50,000 in fines and 99 years in prison

In addition to fines and imprisonment, a conviction for drug possession will normally result in the suspension of your driver’s license.

Help with Drug Possession Charges

At the Law Office of Kerrisa Chelkowski, I understand that most people who come to me for help after an arrest for drug possession are not hardened criminals. They are ordinary people who have in all likelihood never before been involved in the criminal justice system, and are often concerned and frightened for their futures. You do not have to face this situation on your own. By hiring me as your San Antonio drug crime lawyer, you will be leveling the playing field in your case by putting a former prosecutor on your side.

I may be able to help you achieve a more favorable outcome such as a diversion program with drug addiction treatment instead of incarceration. Alternatively, I may be able to have the charges dismissed by demonstrating that your Fourth Amendment rights were violated by search without probable cause or a warrant.