James, Reynolds, Spiegelhauer & Ask Drug Possession

Bryan Drug Possession Lawyers 

When you or someone you love is charged with drug possession, the prospect of fines, a permanent record, and even jail time is looming in front of you. It’s important to work with an attorney who understands the system, knows the law, and has a proven track record of winning cases in court. The drug possession lawyers in our Bryan office bring the kind of knowledge and experience you can trust. 

Call James, Reynolds, Spiegelhauer & Ask today at (979) 227-3305 or fill out our online contact form to schedule a free consultation.

Drug Possession Law in Texas 

In Texas, drug possession is defined as having actual care, custody, control, or management over the controlled substance. This means someone can be charged with drug possession even if the substance is not physically on their person but is within their control--such as in their vehicle or residence. 

The penalties for drug possession in Texas depend on the type and quantity of the drug in question

Group 1 Drugs

Penalty Group 1 (PG1) substances in Texas include some of the most dangerous and highly regulated drugs. These substances encompass opiates, cocaine, methamphetamine, and others.

  • Possession of less than one gram of a Penalty Group 1 substance is considered a state jail felony, which can result in 180 days to 2 years in state jail and a fine of up to $10,000. 
  • Possessing 1 to 4 grams escalates the offense to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. 

The penalties continue to increase based on the quantity of the drug in possession, with larger amounts leading to harsher sentences. Group 1 drug charges can go as high as a 1st-degree felony if the involved quantity rises to 200 grams. 

Group 2 Drugs

Penalty Group 2 (PG2) substances include hallucinogenic substances and certain other stimulants. 

  • Group 2 is like Group 1 in that less than one gram is a state jail felony, and 1 to 4 grams is a third-degree felony. 
  • Group 2 is different from Group 1, in that it takes 400 grams before 1st-degree felony charges can be filed. 

Group 3 Drugs

Penalty Group 3 (PG3) substances consist of prescription drugs and other compounds with abuse potential. 

  • Possession of less than 28 grams of a PG3 substance is a Class A misdemeanor, potentially leading to up to one year in jail and a maximum fine of $4,000. 
  • Possessing 28 grams to 200 grams escalates the offense to a third-degree felony.

Possession of larger quantities of PG3 substances carries even more severe penalties.

Group 4 Drugs

Penalty Group 4 (PG4) substances include compounds with a lower potential for abuse compared to those in the previous penalty groups. 

  • Group 4’s penalties are mostly the same as Group 3’s. 
  • There is one notable exception—Group 4 possession can go as low as a Class B misdemeanor if the quantity is less than 28 grams. 

Protecting Your Fourth Amendment Rights in Drug Possession Cases

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement. However, in drug possession cases, there are situations where Fourth Amendment rights may be violated. The protection of these rights is a vital responsibility of your legal counsel. 

The drug possession lawyers at our Bryan office have deep experience, we know what the most frequent violations of search and seizure law are and how to investigate them. 

One common issue arises with warrantless searches. Law enforcement officers are generally required to obtain a search warrant based on probable cause before conducting a search of a person's property. If it is determined that the search was conducted without proper authorization, any evidence obtained as a result may be deemed inadmissible in court, potentially leading to the dismissal of charges.

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Drug Possession Lawyers in Bryan, College Station, and the Surrounding Areas

James, Reynolds, Spiegelhauer & Ask opened its doors back in 1983. Our attorneys have over 90 combined years of experience practicing law. The team here includes lawyers who have also worked in the District Attorney’s office and who have been private investigators. We understand how to approach a case from all angles. We have a good sense of where the flaws in the prosecution’s case might be because we’ve walked in their shoes. 

When your freedom, record, and reputation are at stake, you want an attorney who understands all the relevant issues that have to be raised, and all the questions that need to be asked. At James, Reynolds, Spiegelhauer & Ask, you can find the kind of attorney you’re looking for. 

Call (979) 227-3305 today. We serve can meet either in person or virtually, whichever works best for you.

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