Drug Possession Lawyer in Waco

Arrested for Drug Possession? Speak with a Waco Lawyer Today

At Milam & Fanning, PLLC, we understand the stress and uncertainty that come with a drug possession charge in Waco, TX. Our dedicated legal team combines the personalized attention found in boutique practices with the substantial resources typical of large firms, offering you the best of both worlds.

Our deep understanding of Waco's legal landscape is a valuable asset when tackling drug possession charges. Handling drug crime cases in this region requires a nuanced understanding of local statutes and court expectations. By staying informed of the latest legislative changes, we are equipped to provide relevant, tailored advice that considers not only the legal proceedings but also the potential impacts on your personal and professional life.

Don’t risk your future—our trusted drug possession lawyer in Waco offers aggressive defense, free consultations, and affordable legal services. Call (254) 237-5602 now or contact us online to get started.

The Landscape of Drug Possession Laws in Texas

Texas has some of the toughest drug laws in the nation. The penalties for a drug possession conviction depend on a number of factors, including the type of drug, the quantity, and the specific circumstances of the case. Texas law categorizes controlled substances into "Penalty Groups," with the most serious offenses falling under Penalty Group 1. It is critical to have a Waco drug possession lawyer who understands these classifications and their implications.

• Penalty Group 1: This group includes substances like cocaine, heroin, methamphetamine, and fentanyl. Even a small amount of a Group 1 drug can lead to a felony charge.
• Penalty Group 2: This group includes drugs such as ecstasy (MDMA), PCP, and hallucinogens like mescaline.
• Penalty Group 3: This group includes prescription drugs like Xanax, Valium, and Ritalin when possessed without a valid prescription.
• Penalty Group 4: This group includes substances with low potential for abuse, such as certain opiates and opioids.
• Marijuana Possession: Possession of marijuana is treated differently and is not categorized within the penalty groups.

The penalties listed are just the beginning. A conviction can also result in the suspension of your driver’s license, mandatory drug counseling, and a criminal record that can haunt you for years. Having a qualified Waco drug possession lawyer is your best defense against these severe consequences.

Important Distinction Between Charges

The quantity of the substance you possess, and other circumstantial evidence, can significantly elevate a simple possession charge to a much more severe felony offense.

• Possession with Intent to Sell/Deliver (PWID): This is a separate felony from simple possession. The prosecution infers intent to sell from circumstantial evidence, such as drug quantity (even below trafficking thresholds), packaging (e.g., multiple small baggies), the presence of scales, or large amounts of cash. PWID charges are typically higher-degree felonies than simple possession.
• Drug Trafficking: This is the most serious drug offense, defined as manufacturing or delivering certain quantities of controlled substances. This is distinct from simple possession and often carries mandatory minimum prison sentences. A drug possession attorney in Waco is constantly working to fight against this escalation of charges.
• Possession of Drug Paraphernalia: Possessing items used to consume, produce, or distribute drugs (e.g., pipes, bongs, scales, baggies). This is a Class C Misdemeanor (fine only, up to $500).

Penalties of Drug Possession Convictions in Texas

A conviction for a drug crime in Texas carries severe and life-altering penalties, extending far beyond incarceration. The impact can be devastating to every aspect of your life. A Waco drug possession lawyer works tirelessly to prevent these devastating impacts.

• Misdemeanors (Class C, B, A): Ranging from a fine only (Class C) to up to 1 year in county jail (Class A), plus potential fines up to $4,000.
• Felonies (State Jail Felony to First-Degree Felony): State jail sentences (180 days to 2 years) to potential life imprisonment, plus fines up to $10,000 (or up to $250,000 for high-level trafficking).
• Mandatory Minimum Prison Sentences: Texas law includes explicit mandatory minimum prison sentences for certain quantities and types of drugs, severely limiting a judge's discretion.
• Probation/Community Supervision: While possible for many felonies, obtaining probation for serious drug crimes with mandatory minimums is often challenging and comes with very strict conditions (e.g., regular drug testing, reporting, community service). Violating probation can lead to serving the full original sentence.
• "3g Offenses": Certain drug crimes (e.g., manufacturing or delivery of specific high-quantity Penalty Group 1 drugs) can be designated as "3g offenses" (Texas Code of Criminal Procedure Art. 42A.054(a)). Conviction for a 3g offense means you must serve at least 50% of your prison sentence before becoming eligible for parole.

A drug conviction in Texas, whether misdemeanor or felony, leads to a permanent public record that is often ineligible for expungement or sealing, severely limiting future employment, housing, and educational prospects. It can cause professional license revocation, a mandatory driver's license suspension, and severe immigration consequences including deportation. Furthermore, a felony conviction results in the loss of voting and firearms rights and can lead to enhanced penalties for future offenses.

Building Your Defense: Strategies We Employ

Every drug possession case is unique, and a successful defense requires a personalized approach. At Milam & Fanning, PLLC, we work with you to develop the strongest possible defense. Here are some of the strategies we frequently use as your Waco drug possession lawyer:

• Illegal Search and Seizure: We can file a motion to suppress evidence if police lacked probable cause or a valid warrant to search your vehicle or home, which may lead to the charges being dismissed.
• Lack of Knowledge or Possession: We can argue that you were unaware of the drugs' presence, challenging the prosecution's burden to prove you knowingly and intentionally possessed the substance.
• Prescription Defense: We can present evidence of a valid prescription for the substance in question, which can lead to the dismissal of charges.
• Insufficient Evidence: We challenge every element of the prosecution's case, including witness credibility and forensic evidence, to argue the state cannot prove guilt beyond a reasonable doubt.
• Entrapment: In rare cases, we can argue you were induced by law enforcement to commit a crime you otherwise would not have.

Why Choose Us for Drug Possession Cases in Waco

In Waco, handling drug possession charges involves navigating specific legal challenges and potential penalties. Understanding local laws, such as the Texas Controlled Substances Act, is crucial. Our team is skilled at breaking down these complexities, offering guidance through local court systems, and advocating on your behalf. From arraignment to trial, we stand by you every step of the way.

• Tailored Solutions: We develop legal strategies unique to each client's situation, ensuring the best possible outcomes.
• Experienced Legal Team: Our attorneys have extensive knowledge of Waco's legal landscape, which allows us to effectively navigate local courts and procedures.
• Clear Communication: We prioritize keeping you informed at every stage, so you can move forward with confidence.

Take the Next Step with Confidence

If you're facing drug possession charges in Waco, reaching out to Milam & Fanning, PLLC can be a pivotal decision. By choosing us, you’re not only hiring a capable legal defense but also gaining a partner committed to easing your stress and clarifying every step of the process. 

Call (254) 237-5602 to schedule a consultation. We’re here to develop a tailored strategy that aligns with your needs, ensuring a focused approach to addressing your legal challenges.