Fighting Possession and Trafficking Cases in Central Texas
Fighting Possession and Trafficking Cases in Central TexasDrug charge defense attorney San Marcos TX, Possession of Marijuana Hays County, Penalty Group 1 Texas defense, Controlled substance charge lawyer San Marcos, Drug trafficking defense Central Texas.
Texas maintains some of the toughest drug laws in the nation. An arrest for a drug-related offense—whether it’s Possession of Marijuana (POM), Possession of a Controlled Substance (POCS), or a more serious charge like manufacturing or trafficking—can result in severe fines, years of incarceration, and a felony conviction that follows you for life. In San Marcos, TX, with a highly visible law enforcement presence and vigilant local prosecutors in Hays County, drug charges are relentlessly pursued.
If you are facing a drug charge in San Marcos, Kyle, New Braunfels, or surrounding Central Texas areas, your future hinges on the legal decisions you make right now. The experienced drug charge defense attorneys at Gordon Law PLLC are committed to building a robust, strategic defense to challenge the evidence and protect your freedom.
Texas’s Penalty Group System: Understanding the Charges
Texas law classifies controlled substances into four Penalty Groups (PG) based on their perceived danger and potential for abuse, with corresponding penalties based on the type and quantity of the drug.
| Penalty Group | Examples of Substances | Penalties for Possession |
| Penalty Group 1 (PG 1) | Cocaine, Heroin, Methamphetamine, Oxycodone | State Jail Felony to First Degree Felony (up to Life in Prison). |
| Penalty Group 2 (PG 2) | MDMA (Ecstasy), PCP, THC Concentrates | State Jail Felony to First Degree Felony. |
| Penalty Group 3 (PG 3) | Prescription drugs like Valium, Xanax (without a valid prescription) | Class A Misdemeanor to First Degree Felony. |
| Penalty Group 4 (PG 4) | Prescription cough syrups with codeine or opiates | Class B Misdemeanor to First Degree Felony. |
Marijuana Charges: Still a Serious Offense
Despite national trends, possession of marijuana remains illegal in Texas and is aggressively prosecuted in Hays County.
- Possession of Marijuana (POM) under 2 ounces: Class B Misdemeanor (Up to 180 days in jail, $2,000 fine).
- POM 2-4 ounces: Class A Misdemeanor (Up to 1 year in jail, $4,000 fine).
- POM 4 oz. to 5 lbs.: State Jail Felony (180 days to 2 years in State Jail, $10,000 fine).
Crucially, any conviction for a drug offense can lead to a driver’s license suspension, loss of eligibility for federal student aid, and a devastating criminal record.
Building an Aggressive Drug Charge Defense
A drug charge is a complex legal issue that can often be fought successfully. The vast majority of drug cases hinge on whether the police violated the defendant’s constitutional rights. Our legal strategy begins with a meticulous investigation into the circumstances of your arrest:
- Illegal Search and Seizure: We aggressively challenge the police’s conduct. Did the police have reasonable suspicion to stop your vehicle? Did they have probable cause to search you, your car, or your home? If the search was illegal, the drug evidence may be suppressed (excluded from court) under the Fourth Amendment, leading to a dismissal of the charge.
- Lack of Knowledge/Possession: The prosecution must prove you knowingly possessed the substance and had care, custody, or control over it. If drugs were found in a vehicle with multiple occupants or in a common area of a house, we can argue you had no knowledge of their presence.
- Laboratory Analysis Errors: We challenge the chain of custody and lab results to ensure the substance was correctly identified, weighed, and handled according to forensic standards.
- Entrapment: In cases involving undercover stings or confidential informants, we investigate whether the police induced you to commit a crime you would not have otherwise committed.
In Central Texas, we know the defense strategies that resonate with local judges and prosecutors. Our firm is committed to identifying the weaknesses in the state’s case to secure a favorable outcome.
Felony Drug Charges and Enhanced Penalties
Charges involving higher quantities of drugs, allegations of Delivery or Intent to Deliver (trafficking), or being arrested in a Drug-Free Zone (like near a school or university) can immediately enhance the penalty to a serious felony, resulting in years or decades in state prison. If you are facing these elevated charges, you need an attorney with trial experience who can handle the complexity and high stakes of a felony case.
Get Strategic Legal Help in San Marcos
The consequences of a drug conviction are too serious to face alone. If you have been arrested in San Marcos, Kyle, New Braunfels, or elsewhere in the region, the time to act is now.
Contact Gordon Law PLLC today for a free, confidential consultation. We offer aggressive, personalized defense for all drug charges, from misdemeanor POM to felony trafficking. We proudly offer flexible payment plans to ensure our clients receive the expert representation they deserve.
Contact Gordon Law PLLC
Gordon Law PLLC 600 W. 28th Street, Suite #106A
Austin, Texas 78705
512-678-9333 (WEED)
We offer free consultations and flexible payment plans.
Legal Disclaimer: The content of this article is for informational purposes only and is not legal advice. It is not a substitute for consulting with a qualified attorney regarding your specific situation. Reviewing this information does not create an attorney–client relationship between you and Gordon Law PLLC.
