Drug Possession

Drug Possession Attorney in Pearland, TX

Serving All of Brazoria County

Attorney John “Clay” Caldwell is more than an experienced drug possession lawyer with deep roots here in Pearland and in the Brazoria County legal system. He is that, but he’s more—Attorney Caldwell is a dedicated and compassionate advocate for those facing criminal charges. 

Our approach is rooted in understanding and non-judgment. We don’t represent criminals—we represent people the government has accused of a crime. There’s a big difference, and we take that difference seriously. Furthermore, we believe that good people make mistakes and that our system should offer fairness and second chances. 

We are committed to exploring innovative solutions for each case, leveraging a deep understanding of the legal tools at our disposal and our knowledge of the local legal and judicial landscape. 

Call the Law Office of John C. Caldwell at (361) 348-8483 or fill out our online form to schedule a free consultation. We can meet virtually if it’s more convenient for you.

  • “If you need an attorney hire Clay. You won’t be disappointed.”
    “It was obvious to me that Clay is very experienced, respected by his peers and he puts forth his best effort every time.”
    - Amy N.
  • “You'd rather be safe than sorry; just remember, "You Better Call Clay."”
    “I wouldn't hesitate to use Clay for all of your legal needs, from probate to prosecution, this office takes great care of their clients.”
    - Mandy K.
  • “If you need an attorney, please give him a call!”
    “Mr Caldwell is a great lawyer. He took the time to explain to me what I should expect in the situation I was in. He called me when necessary to update me with court updates.”
    - Regis N.
  • “Very knowledgeable and professional.”
    “Extremely easy process. His office staff is also over the top and was always prompt and “in the know” of our case when we would call.”
    - Tray M.
  • “He takes the time to answer all your questions and does not make you feel rushed.”
    “If you are looking for someone who will fight for you and will get you the best outcome I highly recommend contacting Clay.”
    - Kimberly G.
  • “I cannot recommend this office enough.”
    “They are incredibly kind and transparent. There was no step of the process that I was not consulted with or involved in in some way, and they answered any question that I had in a coherent and friendly manner.”
    - Trent L.

The Penalties for Drug Possession in Texas

Drug possession penalties in Texas can vary significantly based on the type and quantity of the drug involved. State law separates drugs into different categories. 

A starting point for understanding the penalties for conviction is as follows: 

Group 1

This group includes drugs such as heroin, cocaine, methamphetamine, ketamine, opium, and oxycodone, which are considered highly dangerous: 

  • Less than 1 gram: State jail felony with potential for 180 days to 2 years in jail and fines up to $10,000.
  • 1 to 4 grams: Third-degree felony, punishable by 2-10 years in prison and fines up to $10,000.
  • 4 to 400 grams: Second-degree felony, carrying a sentence of 2-20 years in prison and fines up to $10,000.
  • 200 to 400 grams: First-degree felony, with a possible sentence of 5-99 years in prison and fines up to $10,000.
  • Over 400 grams: Enhanced first-degree felony, with a minimum sentence of 10-99 years in prison and fines up to $300,000.

Group 2

This category includes substances like ecstasy, amphetamine, hashish, and PCP: 

  • Less than 1 gram: State jail felony, punishable by 180 days to 2 years in jail and fines up to $10,000.
  • 1 to 4 grams: Third-degree felony, carrying a potential sentence of 2-10 years in prison and fines up to $10,000.
  • 4 grams to 400 grams: Second-degree felony, with a sentence of 2-20 years in prison and fines up to $10,000.
  • Over 400 grams: Enhanced first-degree felony, carrying a sentence of 5-99 years in prison and fines up to $50,000.

Group 3

Drugs in this group include anabolic steroids, benzodiazepines, Ritalin, Valium, and Xanax: 

  • Less than 28 grams: Class A misdemeanor, punishable by up to 1 year in jail and fines up to $4,000.
  • 28 to 200 grams: Third-degree felony, carrying a potential sentence of 2-10 years in prison and fines up to $10,000.
  • 200 grams to 400 grams: Second-degree felony, with a sentence of 2-20 years in prison and fines up to $10,000.
  • Over 400 grams: Enhanced first-degree felony, carrying a sentence of 5-99 years in prison and fines up to $50,000.

Group 4

Drugs that are comparatively less addictive, including those that might be legally available via prescription. Penalties for illegal possession include: 

  • Less than 28 grams: Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000.
  • 28 grams to 200 grams: Third-degree felony, carrying a potential sentence of 2-10 years in prison and fines up to $10,000.
  • 200 grams to 400 grams: Second-degree felony, with a sentence of 2-20 years in prison and fines up to $10,000.
  • Over 400 grams: Enhanced first-degree felony, carrying a sentence of 5-99 years in prison and fines up to $50,000.

Marijuana

In Texas, marijuana is treated as its own separate category: 

  • Less than 2 ounces: Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000.
  • 2 to 4 ounces: Class A misdemeanor, with a possible sentence of up to 1 year in jail and fines up to $4,000.
  • 4 ounces to 5 pounds: State jail felony, carrying a potential sentence of 180 days to 2 years in jail and fines up to $10,000.
  • 5 to 50 pounds: Third-degree felony, with a sentence of 2-10 years in prison and fines up to $10,000.
  • 50 to 2,000 pounds: Second-degree felony, punishable by 2-20 years in prison and fines up to $10,000.
  • Over 2,000 pounds: Enhanced first-degree felony, with a potential sentence of 5-99 years in prison and fines up to $50,000.

These penalties can be enhanced if there's evidence of intent to distribute or if a minor is involved. Furthermore, a conviction on drug possession charges can lead to collateral consequences, such as loss of voting rights, mandatory treatment, community service, professional license revocation or suspension, housing difficulties, and potential barriers to employment or student financial aid.

It’s crucial to consult with a lawyer if you're facing drug possession charges. These are serious crimes, and the penalties can significantly impact your life. Our office can help you understand your legal options and work on developing a legal strategy for your situation.

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Defending Against Drug Charges

A robust defense often hinges on the legality of the search that led to the unearthing of the drugs. The Fourth Amendment of the United States Constitution safeguards citizens from unreasonable searches and seizures. It is a fundamental right that law enforcement officers must respect. If these rights are violated during the process of evidence collection, the court may deem the obtained evidence as inadmissible.

One of the most common violations occurs when law enforcement conducts a search without a valid warrant. A warrantless search is generally unconstitutional unless it falls within narrow exceptions that have been strictly defined by the courts. 

Another violation involves the execution of a search warrant that is overly broad or not supported by probable cause. The Fourth Amendment requires that a warrant must particularly describe the place to be searched and the persons or things to be seized. If the warrant fails in these respects, or if the information used to obtain the warrant was false or misleading, any evidence obtained may be suppressed.

Traffic stops are another area where Fourth Amendment rights are frequently violated. Law enforcement may use a minor traffic violation as a pretext to stop a vehicle and search for drugs. However, they can't extend the stop beyond the time needed to address the traffic violation unless they have reasonable suspicion of criminal activity.

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Areas We Serve Proudly Serving Southeast Texas
  • Alvin
  • Brazoria County
  • Clear Lake City
  • Friendswood
  • Galveston County
  • Harris County
  • Houston
  • League City
  • Manvel
  • Pasadena
  • Pearland
  • Webster

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