Drug Possession Lawyer in San Antonio

In San Antonio, TX, drug possession charges come with potential jail time and fines. Once your time is served, finding suitable housing or well-paying employment may be nearly impossible. At The Cook Law Firm & Associates PLLC, we believe that a past transgression should have no bearing on your future. Our San Antonio drug possession attorney will assess your case to determine which defenses are available to you. No matter what your circumstances, we are committed to helping you achieve the best possible outcome.

Simple Possession vs. Intent to Distribute

Texas recognizes both simple possession and possession with intent to distribute (PWID). PWID is a more serious charge, which can be brought about based on:

• Threshold: Larger quantities of drugs indicate that you intend to sell or distribute the substance, not just consuming it for personal use.

• Paraphernalia: Rolling papers, roach clips, scales, and baggies suggest that the drugs will be distributed to others.

• Text messages, e-mails, and other communication discussing the exchange of goods: These electronic messages provide probable cause to charge you with PWID.

The distinction between the two charges is more than a technicality, with PWID being a felony. A PWID conviction comes with significantly more time behind bars and a revocation of firearm rights under state law for five years after release from confinement or supervision, and after that only at their own residence. Federal law can permanently prohibit firearm possession after a felony conviction.

The police are diligent in gathering evidence to escalate drug possession charges, making it paramount that you have our experienced drug possession lawyer by your side.

Defenses Against Drug Charges

Each drug possession case is different, but potential defenses may include:

Illegal Search and Seizure

If a police officer searched your home without a valid warrant or probable cause, this is a violation of your Fourth Amendment rights. If a Fourth Amendment violation did occur, your defense lawyer may file a motion to suppress (asking the court to exclude this evidence from trial).

Failure to Read Your Rights

A police officer who intends to question an arrestee must read that person their Miranda rights. This warning advises you of your right to remain silent to protect you from self-incrimination as well as your right to call an attorney. A failure to read these rights may result in any evidence or testimony collected during questioning being discarded.

Police Misconduct

Police officers might do whatever it takes to get information in drug cases. This can range from planting or fabricating evidence, pretending to be your friend to obtain a confession, or using suggestive instructions during a police lineup. If evidence shows law enforcement acted in bad faith, our San Antonio drug possession attorney will work to uncover the truth.

Lack of Probable Cause

Law enforcement needs probable cause to make a legal arrest. This requires proof that a crime was committed and enough evidence to lead a reasonable person to believe you committed it. A judge will not issue a search warrant without probable cause. Sadly, police officers may conduct an illegal search when they lack probable cause (and subsequently a warrant) to obtain information.

Of course, police are skilled at hiding illegally obtained information. When you work with our San Antonio drug crimes lawyer, you will have someone combing through each piece of information to determine if and when your rights were violated.

Speak with Our San Antonio Drug Possession Attorney Today

If you have been charged with drug possession, never wait to discuss your options. At The Cook Law Firm & Associates PLLC, our San Antonio drug possession lawyer takes every case seriously, whether it is a misdemeanor or felony charge, your future matters. If you want aggressive, attentive counsel, look no further. To schedule your consultation, contact our San Antonio office online or by phone at (210) 740-0281 today.