For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
Drug Crimes Defense Attorneys
If you are arrested or charged with possession, distribution, or manufacture of an illegal drug, you need an experienced criminal defense attorney who is familiar with drug offenses and knows how a particular county feels about drug offenses (some counties are more conservative than others).
The lawyers at Gunter, Bennett, and Anthes handle the smallest of drug charges, such as possession of marijuana, to serious felony drug cases, such as possession of a controlled substance with intent to distribute and drug trafficking.
Based in Austin, we are familiar with each prosecutor’s office in the Central Texas area. Call us today if you need an Austin drug lawyer.
Possession of Marijuana
Possession of Marijuana is entirely illegal in Texas, and any possession is considered a serious offense under state law. The consequences for possession of marijuana include fines, jail time, driver’s license suspensions, and a permanent criminal record.
In Texas, marijuana is classified separately from the main penalty groups in the Health and Safety Code (Chapter 481). The severity of marijuana possession charges varies based on the amount of marijuana found, but ranges from a Class B Misdemeanor to a First Degree Felony. Also, the level of offense increases if someone is within 1,000 feet of a school or other drug-free zone. If you have received a ticket in Travis County for Possession of Marijuana, you need an Austin drug crimes attorney who will help fight these drug charges.
Don’t confuse possession of hemp with possession of marijuana. Hemp is legal in Texas. To be legal, it must have a THC level below .3%. To prove possession of marijuana, the state has to prove the substance is not hemp and has a THC level above .3%.
Possession of Controlled Substances
There are many drug crimes other than possession of marijuana that go under the umbrella of possession of a controlled substance and can carry severe penalties. The Texas Controlled Substances Act (Chapter 481 of the Texas Health and Safety Code) classifies drugs according to penalty groups.
Penalty Group 1: Opioids (heroin, fentanyl, oxycodone), stimulants (cocaine, meth, amphetamine), synthetic cannabinoids (K2, Spice), and ketamine
Penalty Group 1-A: LSD and its compounds/derivatives only
Penalty Group 2: Hallucinogens (PCP, MDMA/ecstasy, mescaline, psilocybin mushrooms), THC concentrates, and related depressants/designer drugs
Penalty Group 3: Common prescription drugs including benzodiazepines (Xanax, Valium), Ritalin, barbiturates, anabolic steroids, and compounds containing limited amounts of narcotics like codeine
Penalty Group 4: Over-the-counter medications and preparations containing small amounts of narcotics (like certain cough medicines with codeine), buprenorphine, and pyrovalerone
The punishment for controlled substance possession depends on the penalty group of the drug and the amount possessed. If you’ve been arrested for possession of a controlled substance in Travis County, you need an experienced Austin drug crimes lawyer who will help you fight your charges.
Under Texas law, drug crimes carry severe consequences beyond criminal penalties, including driver’s license suspension, surcharges, and potential disqualification from student loans, grants, and government housing assistance. Even a minor drug conviction like Possession of Drug Paraphernalia can have lasting impacts on education and housing opportunities. However, various drug programs throughout Central Texas offer counseling options that may lead to case dismissal. It is crucial to seek legal guidance to explore available options for your specific situation.
When facing drug crime charges, a criminal defense attorney can help protect your rights and pursue the best possible outcome. A skilled defense lawyer will examine all aspects of your case, including the validity of search warrants, the lawfulness of searches, and the reliability of crime lab analyses.
They can challenge the prosecution’s evidence, utilize applicable defenses for drug possession cases, and leverage their understanding of Texas drug laws and criminal procedure. This expertise is particularly valuable given the complex nature of drug possession charges and their potential consequences, from fines and jail time to long-term impacts on employment and housing opportunities.
Unlawful Searches and the Importance of Legal Defense in Drug Possession Cases
In drug possession cases, understanding the significance of valid search warrants and the rights violated in unlawful searches is crucial. One key aspect of a drug-related arrest is the legality of the search conducted by police officers. A lawful search requires a valid search warrant, which ensures that the search is conducted within the boundaries of the law. However, in cases of unlawful searches, the rights of the accused are violated.
It is important to recognize that the prosecution’s case heavily relies on the evidence obtained during the search, such as the seized substance or the results of crime lab analysis. Challenging the legality of the search, the expertise of the crime lab analyst, and the admissibility of the evidence can be pivotal in establishing a strong legal defense.
A skilled attorney will thoroughly assess the particulars of the case, including the specific drug involved and the applicable marijuana laws. They will scrutinize the prosecution’s case, looking for insufficient evidence and potential violations of the accused’s rights during the legal traffic stop or interaction with police officers.
What exactly is possession, and what does it mean to possess drugs?
A skilled defense attorney will also analyze whether the state can actually prove you possessed the drug or controlled substance. The state has to prove an affirmative link between the defendant and the drug. This can include whether the drugs were in the defendant’s presence, if they were in plain view, or the defendant’s proximity to the drugs. We often see cases where a defendant is one of many in a house or car, and the state has problems showing that one individual defendant actually possessed the drug. When the state can’t show an affirmative link between the defendant and the drug, they often have to dismiss the case.
Have you been arrested on drug charges in Austin, Texas?
If you’ve been arrested on drug crime charges, contact an attorney before speaking to law enforcement officials. The lawyers at Gunter, Bennett, and Anthes handle all drug crimes, from simple possession of marijuana to serious felony drug cases such as possession of a controlled substance with intent to distribute. We will help fight your drug charges and avoid serious consequences. Call today for a free consultation with an Austin drug crimes lawyer.
Drug Crimes FAQ
What are Fourth Amendment rights in Texas in relation to drug charges?
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by the government. In Texas, the Fourth Amendment applies to drug cases in the same way it applies to all other criminal cases. This means that in order to arrest an individual for drug crimes like possession of a controlled substance, the police must have probable cause to believe that the individual committed the crime. If the police obtained evidence without a warrant or without probable cause, that evidence may be inadmissible in court.
Additionally, if the police search a person’s home, car, or body, they must have either a warrant or a valid exception to the warrant requirement, such as consent or probable cause. If the police violate an individual’s Fourth Amendment rights, a defense attorney may be able to have any illegally obtained evidence suppressed, which could result in the criminal charges being reduced or dismissed.
What is probable cause?
Probable cause in Texas refers to a reasonable belief or suspicion that a person has committed a crime, based on evidence that would lead a reasonable person to believe the same. This standard is used by law enforcement officers in making arrests, conducting searches, and obtaining warrants. In order to establish probable cause, the police must present enough evidence to convince a neutral and detached magistrate that a crime has been committed and that the person suspected of the crime is likely responsible. This standard is a higher standard than mere suspicion, but lower than proof beyond a reasonable doubt, which is the standard required for a conviction at trial.
Federal drug charges refer to drug-related offenses that are prosecuted under federal law, as opposed to state law. These types of offenses often involve trafficking drugs across state lines, large-scale drug production or distribution, or drug offenses committed on federal property. Federal drug charges are typically more severe than state charges and carry stiffer penalties, including longer prison sentences and higher fines. Additionally, the resources of the federal government, such as the Drug Enforcement Administration (DEA), are often brought to bear in federal drug cases, making them more complex and challenging to defend against. It is important for individuals facing federal drug charges to seek the assistance of an experienced criminal defense attorney who is familiar with the federal court system and drug laws. The Attorneys at Gunter, Bennett and Anthes are ready to provide free consultations to see if they can defend you in your drug possession case.
In Texas, what is considered personal use?
Texas drug laws don’t have a specific definition of what constitutes “personal use” of drugs. However, the amount of drugs that an individual possesses can play a role in determining whether the drugs are intended for personal use or for sale or distribution. Generally, smaller amounts of drugs are more likely to be considered for personal use, while larger amounts may be seen as evidence of intent to distribute. Additionally, the presence of drug paraphernalia, such as scales or packaging materials, may be used as evidence of intent to distribute. However, this is determined on a case-by-case basis, and the prosecution must prove beyond a reasonable doubt that the drugs were not for personal use.
Gene is the great!!! He was my attorney for a case I had in 2015. He got everything settled, and still to this day assists me with any questions or legal matters regarding that same case. He always responds to emails and phone calls quickly. It truly feels like once you hire Gene he will help you for life. Rough situation that has been much more bearable with Gene and the whole firm at GBA. Thanks!!!
Read more
Zach A.
Chris Gunter is a fine family attorney. I had the pleasure of interacting recently with his partner Gene Anthes. Gene was extremely kind, helpful and quick to respond to my needs. Thanks to everyone associated with this firm.
Read more
Hannan S.
Gene was referred to me by a friend and I must say, I couldn’t be happier. Gene was very professional, exceptionally responsive and made me feel at ease with everything. He took the time to explain my options and was communicative every step of the way. He was always available for any questions along the way. Highly recommend.
If you are arrested or charged with possession, distribution, or manufacture of an illegal drug, you need an experienced 