Fighting Possession and Trafficking Penalties
Facing drug charges in Round Rock, Texas, or any part of Williamson County is a profoundly serious matter. Texas has some of the harshest drug laws in the nation, and the consequences of a conviction can be life-altering, resulting in significant jail or prison time, enormous fines, loss of your driver’s license, and a permanent criminal record that affects your ability to find work, secure housing, and obtain educational loans.
Whether you’ve been charged with simple Possession of Marijuana (POM), possession of a controlled substance (POCS) like cocaine, methamphetamine, or prescription drugs without a valid prescription, or a serious manufacturing or delivery charge, you need aggressive legal defense immediately. At Gordon Law PLLC, we have extensive experience defending clients against all types of drug offenses in the Round Rock and greater Williamson County court systems. We know what it takes to challenge the evidence and fight for the best possible outcome.
The Texas Controlled Substances Act: Penalty Groups and Penalties
Texas law classifies controlled substances into four Penalty Groups (PG 1, 2, 3, and 4) based on their perceived danger and medical utility, in addition to specific rules for marijuana. Penalties are determined by both the Penalty Group and the quantity of the substance involved.
| Penalty Group | Examples of Substances | Penalty for Possession (Smallest Quantities) |
| Penalty Group 1 (PG 1) | Cocaine, Methamphetamine, Heroin, Opioids (Hydrocodone over 300mg) | State Jail Felony (Possession under 1g): 180 days to 2 years in state jail, fine up to $10,000. |
| Penalty Group 2 (PG 2) | MDMA (Ecstasy), PCP, Synthetic Cannabinoids (Spice/K2), Mescaline | State Jail Felony (Possession under 1g): 180 days to 2 years in state jail, fine up to $10,000. |
| Penalty Group 3 (PG 3) | Prescription opioids (Codeine, specific Hydrocodone), Valium, Xanax, Ritalin | Class A Misdemeanor (Possession under 28g): Up to 1 year in county jail, fine up to $4,000. |
| Penalty Group 4 (PG 4) | Less common narcotics and prescription medication compounds. | Class B Misdemeanor (Possession under 28g): Up to 180 days in county jail, fine up to $2,000. |
| Marijuana | Class B Misdemeanor (Possession under 2 oz.): Up to 180 days in county jail, fine up to $2,000. |
Note that possession with intent to deliver (Delivery of a Controlled Substance) carries significantly steeper penalties, often resulting in higher felony classifications and decades-long prison sentences. Furthermore, a conviction for any drug offense also results in a mandatory 180-day suspension of your Texas Driver’s License and a requirement to complete a state-approved Drug Education Program.
Defense Strategies Against Drug Charges in Round Rock
A successful defense against a drug charge often involves challenging the state’s ability to prove the essential elements of the crime: possession and knowledge. At Gordon Law PLLC, we meticulously analyze every detail of the police investigation to identify constitutional violations and evidentiary flaws.
Challenging the Stop and Search
The Fourth Amendment of the U.S. Constitution protects you from unlawful searches and seizures. We investigate:
- Did the Police have Probable Cause? Police must have a valid, legally justifiable reason (probable cause) to search your vehicle, home, or person. If a stop was illegal or the search violated your rights, any evidence obtained is “fruit of the poisonous tree” and can be suppressed from court, often leading to a dismissal of the charges.
- Was Consent Voluntary? If you consented to a search, was your consent truly voluntary, or was it coerced?
- The Scope of the Search: Did the police exceed the legal scope of the search warrant or the reason for the initial stop?
Disputing “Possession” and “Knowledge”
To convict you, the prosecution must prove two things beyond a reasonable doubt:
- Actual Possession: That you had physical custody or control of the substance.
- Knowledge: That you knew the substance was a controlled substance.
If the drugs were found in a shared space, like a car with multiple occupants or a common area of a house, a defense attorney can argue the legal concept of Affirmative Links, demonstrating that the state cannot sufficiently connect you to the possession. This is a powerful defense when challenging constructive possession.
Questioning Evidence Handling (Chain of Custody)
We scrutinize how the drugs were collected, stored, and tested. If there are breaks in the Chain of Custody—meaning the State cannot account for the evidence at every step—it raises serious doubts about the reliability and integrity of the evidence, which can be grounds for suppression or acquittal.
Asserting a Valid Prescription
For charges involving prescription medications (PG 3 and 4), the simple defense is presenting a valid, current prescription for the substance.
Your Right to an Aggressive Defense in Williamson County
A drug charge, even a misdemeanor, is not just a fine; it’s a permanent hurdle in your life. Don’t risk your freedom and future by facing the Williamson County courts alone.
Gordon Law PLLC is prepared to launch an immediate and aggressive defense on your behalf. We understand that this is a stressful and financially difficult time. To make quality legal representation accessible, we offer free consultations to discuss your case strategy, and we provide flexible payment plans to ensure you can afford the experienced defense you need.
If you are facing any drug-related charges in Round Rock, Georgetown, Cedar Park, or the surrounding communities, call us today. Let our experience be your shield.
Gordon Law PLLC
600 W. 28th Street, Suite #106A
Austin, Texas 78705
512-678-9333 (WEED)
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney–client relationship. Every criminal case is unique, and past results do not guarantee future outcomes. You should consult a qualified attorney for advice regarding your individual situation.
Fighting Possession and Trafficking Penalties