Justin Wilson
Senior Attorney
An arrest for drug possession can leave you frightened, confused, and worried about the future. After all, Texas takes these charges very seriously, and penalties on conviction can include steep fines and substantial jail time. However, being charged with a crime is not the same thing as being convicted of it, and the sooner you act in your defense, the better you can fight back against the charges against you. That starts by contacting the Dallas possession of a controlled substance defense lawyers at My Dallas Criminal Lawyer for an initial case evaluation with a knowledgeable drug crimes lawyer. We look forward to hearing from you and learning more about how we can help.
Table Of Contents
Do You Need a Criminal Defense Attorney for Drug Possession Charges?
Prosecutors aggressively pursue convictions in drug possession cases. To fight back, you need a criminal defense attorney from My Dallas Criminal Lawyer who can help level the playing field by:
- Thoroughly investigating your case to secure all available evidence
- Evaluating the facts to identify potential defense strategies
- Ensuring you understand your charges and the potential outcomes of your case
- Vigorously challenging the prosecution’s case, including seeking to exclude evidence police obtained by violating your rights
- Pursuing every avenue to obtain the best possible outcome under the circumstances of your case, even when that means going to trial
Why Choose a Defense Lawyer from My Dallas Criminal Lawyer?
Turn to a criminal defense attorney from My Dallas Criminal Lawyer to help you pursue a favorable resolution to your charges because:
- We provide clients with the in-depth preparation, vigorous courtroom advocacy, and top-quality service they need during trying times.
- We focus our efforts on the specific circumstances of our clients’ cases, working diligently to serve their needs and achieve their goals.
- You will work directly with a knowledgeable defense lawyer who will hear your story, explain your legal options, and develop a persuasive argument to help you seek a fair outcome.
- Our attorneys leverage their legal knowledge and litigation experience to protect your rights, reputation, and freedom as you face the criminal justice system.
Understanding Drug Possession Charges
Under Texas law, it is illegal to knowingly or intentionally possess a controlled substance listed in Texas’s schedule of controlled substances unless the person obtained the substance directly from or under a valid prescription of a medical practitioner acting in the course of professional practice. Texas law grades drug possession offenses by the type and quantity of drugs possessed. Here are where some common drugs fall within Texas’s drug schedules:
- Penalty Group 1: Opiates and opium products such as methadol, heroin, oxycodone, or raw opium; cocaine; methamphetamine
- Penalty Group 1-A: LSD and compounds derived from 2,5-dimethoxyphenethylamine
- Penalty Group 1-B: Fentanyl and fentanyl-derived drugs
- Penalty Group 2: Hallucinogenic substances such as mescaline and MDMA (ecstasy), PHP, THC-containing drugs other than marijuana, psilocybin
- Penalty Group 2-A: Cannabinol derivatives
- Penalty Group 3: Barbitals (such as clonazepam or flurazepam), mixtures containing specific quantities of codeine, peyote, anabolic steroids, Salvia divinorum
- Penalty Group 4: Compounds with limited quantities of codeine, opium, and other controlled substances
Frequently Asked Questions About Possession of Controlled Substance Charges
Below, you’ll find the answers to some of the questions our clients most commonly ask about charges of possession of controlled substances.
What penalties could I face for possession of controlled substances?
The penalties imposed by a court for a conviction of possession of controlled substances depend on the grading of the offense, which determines the sentencing ranges. Standard sentencing ranges include:
- Class B misdemeanor: Up to 180 days in jail, a fine of up to $2,000, or both incarceration and a fine
- Class A misdemeanor: Up to one year in jail, a fine of up to $4,000, or both incarceration and a fine
- State jail felony: One-hundred eighty days to two years in a state jail and a potential fine of up to $10,000
- Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
- Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
- First-degree felony: Five to 99 years in prison or life imprisonment and a potential fine of up to $10,000
Particularly large quantities of certain types of controlled substances can increase the penalties imposed for a conviction for drug possession. For example, defendants convicted of possessing substantial amounts of some of the most dangerous drugs may face a minimum prison term of 10 or 15 years and a maximum fine of up to $100,000 or $250,000
Do I have any defense to a drug possession charge?
Depending on the circumstances, you may be able to pursue defense strategies like the following:
- Lack of intent: A defendant may argue that they did not intentionally or knowingly possess the controlled substances as required for a conviction under the criminal statutes.
- Lack of possession: Defendants may assert that the prosecution’s case fails to prove they had actual or constructive possession of the drugs, especially when the evidence indicates the drugs belonged to someone else.
- Lawful possession: A defendant may produce a valid prescription order to prove they lawfully possessed controlled substances.
- Lack of laboratory testing: Defendants may assert that the substances seized from them by the police do not qualify as controlled substances if the prosecution did not conduct confirmatory laboratory testing.
- Unlawful search and seizure: A defendant may seek to exclude evidence of drugs from the prosecution’s case by showing that police conducted an unlawful search of the defendant’s person, containers, vehicle, or home.
What steps should I take after an arrest?
You can protect your rights during an arrest by taking the following steps:
- Confirm what charges the police have arrested you for.
- Invoke your right to remain silent.
- Decline to answer questions and refrain from speaking to the police about your charges.
- Ask to talk to a criminal defense lawyer as soon as possible.
Contact My Dallas Criminal Lawyer Today for Experienced Legal Advocacy
If prosecutors in Dallas have charged you with possession of controlled substances, you need dedicated, experienced legal counsel to help you face the criminal justice system. My Dallas Criminal Lawyer can help you stand up for your reputation, freedom, and future. Call us today at 214-949-4117 for a confidential consultation with a knowledgeable possession of controlled substances defense attorney to discuss your options for pursuing a favorable resolution to your charges.
Last Updated: November 4, 2025
Collin County
August 2025
Acquitted
Driving While Intoxicated Jury Trial
Collin County
August 2025
Dismissed
Second-Degree Felony Sexual Assault of a Child
Ellis County
August 2025
Dismissed
Assault Causes Bodily Injury to a Family Member
Collin County
August 2025
Felony Reduced
State Jail Felony DWI with Child Reduced to Misdemeanor
Denton County
July 2025
NO-BILL
3 Counts of Manslaughter & 3 Counts of Aggravated Assault with a Deadly Weapon
Dallas County
June 2025
Dismissed
Second-Degree Felony Aggravated Assault with Deadly Weapon
Denton County
June 2025
Felony No-Billed & Motion to Revoke Withdrawn
State Jail Felony Injury to Elderly & Motion to Revoke Misdemeanor Probation
Dallas County
May 2025
Deferred Adjudication
Second-Degree Felony Aggravated Assault w/Deadly Weapon Reduced to Class A Misdemeanor Discharge of Firearm in Certain Municipalities
What Our Clients Say
Lybbie
I trust Justin for any legal related questions and he certainly delivers. I recommend him 100% as he is committed to you from start to end- no matter the situation.
Cristal D.
Absolutely the best team you could ask for. From start to finish, the entire office was professional, compassionate, and truly dedicated. They made me feel heard, respected, and confident during one of the most stressful times of my life. Their communication was consistent, and you can tell they genuinely care about their clients and their outcomes.
If you’re looking for a lawyer who is sharp, honest, and will fight for you like it’s personal – this is the team you want on your side. I can’t thank them enough for everything they did. They truly are the best in the business.
Natalie M.
Justin Harris was an exceptional lawyer- he is hardworking and dedicated and will reach your needs and more.
He was reliable and professional in every way. He makes sure that you are not only heard but seen. When working with Justin- it gave me strong trust that he cared and that he is a man of his word.
Highly recommend this law firm. Justin and the team handled my case with the upmost care, always kind and professional, and let me know all the details every step of the way.
Prof. Carlos R.
My first impression with Justin and Heidi was that they are a first class law firm, very professional and very open to answering questions and making a person feel appreciated. I am glad I met both at Formation in Frisco Texas.
Alex C.
I have come to know Justin and his team through my practice as a civil lawyer, and Justin has always impressed me with the way he treats his clients, and his ability to clearly explain options. He works tirelessly to be prepared for all his cases, and always treats others with professionalism and respect.
Joshua J.
Justin is a super professional lawyer with positive results. I would refer Justin to any one who needs help with anything. Justin gets it done with positive results.
Yoker V.
I highly recommend Justin 100%, the total positive experience started the moment we first spoke. Justin is a complete and total professional and a highly skilled lawyer outside and especially inside the courtroom. My case had its challenges but Justin skillfully did his research and presented the court and jury a master class. At the end of trial the judge looked at prosecutor and said ” that’s how its done” YLV
Donna D.
Knowledgeable, patient, listened to what my situation needed. Impressed with my Attorney and his service.
Mukesh K.
I have absolutely no hesitation in declaring that Justin is one of the finest attorneys you will ever find to represent your case most effectively yet very ethically. He is extremely professional and very deliberate in his advice and charting the right course of action appropriate for the situation. I used him for a DUI case and cant stress enough how much trust he developed in me and got the best outcome possible for me by getting the case dismissed. Good luck to the reader. Go with Justin.
Haley W.
From my very first conversation with Justin Wilson at My Dallas Criminal Lawyer, I knew this was the right law firm for me. Justin took the time to carefully go over every detail of my case and never made me feel rushed. Throughout the entire process, he and his team kept me updated so I was never left wondering what would happen next. They fought hard on my behalf and ultimately got my felony charge reduced to a misdemeanor. I always felt supported and well-prepared, as Justin walked me through exactly what to expect at every stage. I highly recommend My Dallas Criminal Lawyer to anyone in need of strong, reliable legal representation.