Frisco, TX Drug Possession Defense Attorneys

Skilled Lawyers for Charges of Possession of a Controlled Substance in Frisco, Texas

Criminal charges related to controlled substances can be serious. Allegations of drug possession are among the most common reasons for arrests in Frisco and across Texas. Even a small amount of a controlled substance can lead to serious legal consequences. Prosecutors in Texas will often take a harsh approach when charging people with drug offenses, particularly when the substance involved is considered to be dangerous or when cases involve other factors, such as the use of weapons. People facing these charges will need to ensure that they have legal representation from an experienced lawyer.

The attorneys at Barbieri Law Firm have the knowledge and skills needed to provide an effective defense for clients who are facing drug possession charges. We have a strong understanding of the state's drug laws and the methods prosecutors use when building cases against defendants. We work to ensure that our clients can fight back against damaging accusations, and we take steps to protect their futures by advocating for outcomes that will minimize the penalties that may apply.

Drug Possession Charges Under Texas Law

In Texas, drug possession charges will typically be based on the types of substances that were allegedly in a person's possession and the quantities of the drugs involved in a case. A person could be charged with drug possession if controlled substances were found on their person or on their property. For example, a search by police of a person's vehicle or home could uncover drugs, leading to an arrest and criminal charges for possession of a controlled substance.

Drug possession may involve substances such as:

• Marijuana: Despite changing laws in other states, marijuana is illegal in Texas, with only limited exceptions for certain medical uses. Even if a person is accused of possessing a small amount of marijuana, they could still face misdemeanor charges. Possession of more than four ounces could lead to felony charges. It is also important to note that possession of THC concentrates (such as edibles or vape cartridges) may be treated more severely than possession of cannabis plants. Possession of any amount of THC extract is considered a felony in Texas.
• Heroin, Fentanyl, Cocaine, and Methamphetamine: Possession of these substances is treated as a felony offense, regardless of the quantity. Texas classifies these drugs in Penalty Group 1, and offenses may carry some of the harshest punishments of any drug possession crimes. In general, possession of less than one gram is a state jail felony, and the felony charges increase significantly in cases involving larger amounts.
• Prescription Medications: Possession of prescription drugs that are classified as controlled substances, such as Xanax, Adderall, OxyContin, or hydrocodone, can result in criminal charges if a person does not have a valid prescription. The penalties for these offenses can vary depending on the specific drug(s) and the amount involved.

When Charges May Be Increased to Possession With Intent to Distribute

In some cases, prosecutors may increase a simple drug possession charge to possession of a controlled substance with intent to distribute. These charges may apply if there is evidence suggesting the drugs were not for personal use. This evidence may include:

• The presence of large quantities of the substance
• Packaging materials, scales, or cash
• Communications indicating that a person planned to engage in drug transactions

Possession with intent to distribute will typically be charged as a felony, with penalties increasing based on the types and amounts of specific substances. These charges may lead to mandatory minimum sentences, and they will be more likely to result in longer prison terms following convictions.

Potential Defense Strategies in Drug Possession Cases

At Barbieri Law Firm, our lawyers work with our clients to develop strong defense strategies against charges of drug possession. Our legal team may use one or more of the following approaches:

• Unlawful Search or Seizure: If police discovered drugs through an illegal traffic stop, a warrantless search, or another violation of a person's Fourth Amendment rights, our attorneys will seek to have the evidence suppressed. Without evidence, the prosecution's case may be dismissed.
• Lack of Possession: In some cases, drugs may be found in a person's vehicle, home, or shared space. However, if the person did not have control over the property or was unaware of the substance, our lawyers may argue that they were not in legal possession of the drugs.
• Insufficient Evidence: Our lawyers may be able to show that the prosecution cannot prove that a substance is illegal or that a person knowingly possessed it. We may challenge lab testing procedures, question the credibility of witnesses, or take other steps to raise reasonable doubt about whether our client possessed drugs.
• Diversion Programs or Alternative Sentencing: First-time offenders or people charged with low-level possession offenses may have options such as pretrial diversion, deferred adjudication, or participation in a drug court program. These alternatives can lead to the dismissal of charges and help clients avoid a permanent criminal record.
• Mistaken Identity or Entrapment: In cases involving undercover operations or multiple suspects, our attorneys may argue that our client was misidentified or was coerced into participating in an offense they would not have otherwise committed.

Contact Our Frisco Drug Possession Lawyers

Quick action is essential following an arrest for drug possession. At Barbieri Law Firm, our lawyers can make sure our clients take the right steps to avoid incrimination and defend against criminal convictions. Whether charges involve marijuana, cocaine, heroin, meth, or other controlled substances, we will build a strong defense to help our clients resolve these cases successfully while avoiding long-term consequences. Contact our Frisco, TX controlled substance possession attorneys at 972-424-1902 to schedule a free consultation and begin working on your defense strategy.