
Kerrville Drug Possession Defense Attorney
Facing Drug Possession Charges in Texas? Get Passionate Legal Support
Drug possession charges in Texas can have serious legal consequences, including fines, probation, and even jail time. It's crucial to have a knowledgeable and experienced Kerrville drug possession attorney on your side to navigate the complexities of the legal system and build a strong defense for your case.
At The Law Office of Patrick O’Fiel, P.C., our Kerrville drug crime lawyers are focused on providing representation that is not only helpful in the courtroom but outside of it as well. We understand that the law might be behind in how it can help those who are suffering from issues with chemical dependency. That’s why we are focused on progressing the law through our recovery defense strategy.
Contact us online or call us at (830) 331-5977 to schedule a consultation with our Kerrville drug possession attorney.
Understanding the Potential Penalties for Drug Possession in Texas
Common substances involved in possession cases range from marijuana to more serious narcotics classified under Penalty Groups 1, 1-A, 2, and 3.
For example, these groups include, among others:
- Penalty Group 1: Heroin, cocaine, methamphetamine, fentanyl.
- Penalty Group 1-A: LSD and psilocybin mushrooms (magic mushrooms).
- Penalty Group 2: Ecstasy and khat.
- Penalty Group 3: Anabolic steroids and benzodiazepines (e.g., Xanax, Valium).
Depending on the type of drug, quantity, and other factors, penalties for drug possession in Texas can range from misdemeanors to felonies:
- Class A Misdemeanor: Possession of up to 4 ounces of marijuana can result in a maximum of 1 year in jail and a fine up to $4,000.
- State Jail Felony: Possession of between 1 and 4 grams of a Penalty Group 1 substance can lead to 6 months to 2 years in state jail and fines up to $10,000.
- Third-Degree Felony: Possession of 4 to 200 grams of a Penalty Group 1 substance can incur 2 to 10 years in prison and fines up to $10,000.
Understanding Your Rights During a Drug Possession Arrest
Being arrested for drug possession can be a daunting experience, but it’s crucial to understand your rights during this process. Knowing what to say, what to do, and what not to do can significantly impact the outcome of your case. At The Law Office of Patrick O’Fiel, P.C., we empower our clients with knowledge about their legal rights, ensuring they can make informed decisions.
Here are some key rights you should be aware of if you find yourself facing drug possession charges:
- The Right to Remain Silent: You are not obligated to answer questions from law enforcement without an attorney present.
- The Right to Legal Representation: You have the right to consult with a lawyer before speaking to police or making any legal decisions.
- The Right to a Fair Trial: You are entitled to a fair and impartial trial, where evidence against you must be proven beyond a reasonable doubt.
- The Right to Challenge Evidence: You can contest the legality of the evidence collected against you, including any search and seizure conducted by law enforcement.
Understanding your rights not only helps you navigate the legal process more effectively but also strengthens your defense strategy. Our experienced team is here to guide you through every step, ensuring that your rights are protected and that you receive the best possible outcome for your case.
Strategies to Win Your Drug Possession Case
Depending on your drug charges, this can consist of probation as an option, where you need to comply with a certain set of rules for the length of your probationary duration. Our aggressive Kerrville drug possession attorneys bring an understanding of the specifics of Texas state legal system for various kinds of drug offenses and the charges they bring.
In order to secure a conviction for a drug possession crime, the prosecutor must prove that you knowingly and intentionally were in possession of an illegal controlled substance without a valid prescription. Unfortunately, Texas has some of the harshest penalties for drug defenses. Our Kerrville drug crime lawyers work to build a strong case on your behalf.
Some of the Evidence We May Use in Your Defense Includes:
- Proving that law enforcement conducted an illegal search or seizure
- Proving you did not know you were in possession of the illegal substance
- Showing that the substance in question is not a controlled substance
- Showing that client is rehabilitated and society lacks the need for incarceration
Is Drug Possession Considered a Felony in Texas?
In Texas, drug possession is a felony when it is in possession of a Penalty Group 1-A Substances.
Depending on the type of drug, how much there was, and how it was stored, penalties can vary. The penalties range from short probations to life prison sentences and thousands of dollars in fines.
Probation Options for Felony Drug Charges in Texas
In Texas, you can get probation for a felony drug charge as long as you were not convicted, even if you have a criminal history and have been arrested in the past for a felony drug charge.
If you are convicted of a drug possession charge, especially for lower-level offenses or if it’s your first offense, the court may offer probation instead of incarceration.

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“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”Linda
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“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”Brenda
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“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”Dave
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“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research he's very professional.”Barbara