Criminal Defense — Georgetown, Texas
Drug Charges Defense Attorney
Experienced defense against felony and misdemeanor drug charges in Williamson County and throughout Central Texas.
Charged with a Drug Offense in Texas? The Penalties Are Severe — and So Is the Urgency.
Texas has some of the harshest drug laws in the country. A conviction for even a low-level possession offense can result in jail time, a permanent criminal record, loss of your driver's license, and disqualification from federal student aid, public housing, and professional licenses. Felony drug convictions carry prison sentences measured in years — or decades.
At Mark Morales & Associates, we defend clients against the full range of drug charges in Williamson County and the surrounding courts. We know how local prosecutors build these cases, where the evidence is vulnerable, and how to fight for the best possible outcome — whether that means suppressing an unlawful search, negotiating a reduction, or taking the case to trial.
Do not assume a drug charge will resolve itself or that a guilty plea is your only option. Call us before you make any decisions.
Texas Drug Charges We Defend
Texas drug offenses are governed primarily by the Texas Controlled Substances Act (Health & Safety Code Chapter 481). Charges are classified by the type of substance (Penalty Group 1 through 4) and the quantity involved. The same conduct — possession of a controlled substance — can range from a Class B misdemeanor to a first-degree felony depending on the drug and the amount.
- Possession of a Controlled Substance (PG1 – PG4)
- Possession of Marijuana (2 oz or less through 2,000+ lbs)
- Delivery / Distribution of a Controlled Substance
- Manufacture of a Controlled Substance
- Possession with Intent to Deliver (PWID)
- Drug Trafficking
- Possession of Drug Paraphernalia
- Prescription Fraud / Forged Prescriptions
- Methamphetamine Possession or Manufacture
- Cocaine / Crack Cocaine Possession or Distribution
- Heroin / Fentanyl Possession or Distribution
- Federal Drug Charges (DEA investigations, trafficking across state lines)
Texas Penalty Groups: How Drug Charges Are Classified
The Texas Controlled Substances Act divides controlled substances into four penalty groups. The group determines the base charge level; the quantity then determines whether it is a misdemeanor or felony and the severity of that felony.
Cocaine, heroin, methamphetamine, fentanyl, oxycodone, hydrocodone (>300 dosage units)
Penalty range: State jail felony (< 1g) up to life in prison (400g+)
LSD (lysergic acid diethylamide)
Penalty range: State jail felony (< 20 units) up to life in prison (8,000+ units)
MDMA (ecstasy), PCP, THC concentrate, synthetic cannabinoids
Penalty range: State jail felony (< 1g) up to life in prison (400g+)
Anabolic steroids, benzodiazepines (Xanax, Valium), certain stimulants
Penalty range: Class A misdemeanor (< 28g) up to 1st degree felony (200g+)
Compounds containing small amounts of narcotic drugs (e.g., certain cough preparations)
Penalty range: Class B misdemeanor (< 28g) up to 3rd degree felony (200g+)
Drug Possession Penalties at a Glance (Penalty Group 1)
The following table shows possession penalties for Penalty Group 1 substances — the most serious category, which includes cocaine, heroin, methamphetamine, and fentanyl. Delivery and manufacture charges carry higher penalties.
| Charge Level | Amount | Potential Penalty |
|---|---|---|
| State Jail Felony | Less than 1 gram | 180 days – 2 years state jail; up to $10,000 fine |
| 3rd Degree Felony | 1 gram – 4 grams | 2 – 10 years prison; up to $10,000 fine |
| 2nd Degree Felony | 4 grams – 200 grams | 2 – 20 years prison; up to $10,000 fine |
| 1st Degree Felony | 200 grams – 400 grams | 5 – 99 years or life; up to $10,000 fine |
| Enhanced 1st Degree Felony | 400 grams or more | 10 – 99 years or life; up to $100,000 fine |
Collateral Consequences of a Drug Conviction
Beyond the criminal sentence, a Texas drug conviction triggers a cascade of collateral consequences that can affect every area of your life: automatic suspension of your Texas driver's license for 180 days (even for a first offense); disqualification from federal student financial aid under the Higher Education Act; loss of eligibility for federal public housing assistance; disqualification from many professional licenses including nursing, teaching, law, and commercial driving; immigration consequences for non-citizens including deportation, inadmissibility, and denial of naturalization; loss of the right to possess a firearm for felony convictions; and a permanent criminal record that appears on background checks for employment and housing.
How We Defend Drug Charges
Drug cases are often won or lost on the legality of the search and seizure that produced the evidence. We scrutinize every aspect of how law enforcement obtained the evidence against you — and we challenge it aggressively when your constitutional rights were violated.
Unlawful Search and Seizure (4th Amendment)
The Fourth Amendment protects you from unreasonable searches and seizures. If police searched your vehicle, home, or person without a valid warrant, without your consent, or without a recognized exception to the warrant requirement, the evidence they found may be suppressed. A successful suppression motion can result in dismissal of the charges entirely.
Lack of Possession or Knowledge
The prosecution must prove that you knowingly possessed the controlled substance. If the drugs were found in a shared space — a vehicle with multiple occupants, a shared residence, or a bag that was not yours — we challenge whether the prosecution can prove beyond a reasonable doubt that you knew the drugs were there and exercised control over them.
Chain of Custody and Lab Analysis Challenges
Drug evidence must be properly collected, packaged, stored, and tested according to strict protocols. We review the chain of custody documentation and the crime lab's analysis for any deficiencies. Errors in handling or testing can render the evidence unreliable or inadmissible.
Entrapment
If law enforcement induced you to commit a drug offense you would not otherwise have committed — through undercover operations, informants, or persistent pressure — entrapment may be a viable defense. We investigate the full circumstances of how the alleged offense came about.
Diversion Programs and Deferred Adjudication
For eligible first-time offenders, Williamson County offers drug diversion programs and deferred adjudication that can result in dismissal of the charges upon successful completion. We evaluate every client's eligibility for these programs and advocate aggressively for placement when it is in the client's best interest.
Negotiating Reduced Charges
When the evidence is strong, we negotiate for reduced charges, lesser included offenses, or plea agreements that minimize the impact on your record and your life. We never accept a plea without fully exploring every alternative.
Frequently Asked Questions
Is marijuana possession still illegal in Texas?
Yes. Texas has not legalized recreational marijuana. Possession of any amount of marijuana — even less than two ounces — is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. Larger amounts carry felony charges. Hemp-derived CBD products with less than 0.3% THC are legal, but distinguishing legal hemp from illegal marijuana requires lab testing that law enforcement does not always perform correctly.
Can a drug charge be expunged from my record in Texas?
A conviction cannot be expunged. However, if your case is dismissed — including after successful completion of deferred adjudication for certain offenses — you may be eligible for expunction or a non-disclosure order. This is one of the most important reasons to fight the charge rather than simply pleading guilty.
What is a state jail felony and is it as serious as a regular felony?
A state jail felony is a distinct category in Texas law, below third-degree felony. It carries a sentence of 180 days to 2 years in a state jail facility (not a prison) and a fine up to $10,000. It is still a felony conviction with all the collateral consequences that entails — including loss of firearm rights and a permanent record. First-time offenders may be eligible for community supervision instead of confinement.
What happens if I was stopped and the officer found drugs in my car?
Do not answer questions about the drugs or consent to any additional searches. Invoke your right to remain silent and your right to an attorney. The legality of the traffic stop, the search of your vehicle, and how the drugs were found are all critical issues we will investigate. Many drug cases are won on Fourth Amendment grounds.
Can I be charged with drug trafficking even if I wasn't selling drugs?
Yes. In Texas, possession of certain quantities of a controlled substance creates a presumption of intent to deliver — even without direct evidence of sales. The threshold quantities vary by penalty group. If you were found with an amount that triggers the delivery presumption, you may face trafficking-level charges regardless of your actual intent.
Treated Like Family. Defended Like Family.
Our Georgetown, Texas office serves clients throughout Williamson, Travis, and Bell counties. Call now — your defense starts with a single phone call.