Drug Possession

Pearland Drug Possession Lawyer

Effective Defense for Drug Charges in Brazoria County

Attorney John “Clay” Caldwell is more than an experienced drug possession lawyer with deep roots in Pearland and 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 available to us and our knowledge of the local legal and judicial landscape. 

Call the Law Office of John C. Caldwell today at (361) 348-8483 or contact us online to schedule a meeting with our drug possession attorney in Pearland!

Local Support & Resources in Pearland & Brazoria County

Living in Pearland or anywhere in Brazoria County, you know that the community is tight-knit and supportive. When facing drug possession charges, it's crucial to have a legal advocate who understands the local landscape. Attorney John “Clay” Caldwell is well-versed in the intricacies of the Brazoria County legal system and has a strong connection with the local community.

Residents of Pearland often face unique challenges, such as the proximity to major highways like State Highway 288 and Beltway 8, which can sometimes lead to increased scrutiny from law enforcement. Additionally, the local government entities, such as the Pearland Police Department and the Brazoria County Sheriff's Office, are vigilant in their efforts to maintain community safety. While these entities are essential for public safety, their actions can sometimes result in misunderstandings and wrongful accusations.

Compassionate Legal Services

We understand that being accused of drug possession can be a stressful and overwhelming experience. Many of our clients worry about the impact on their families, jobs, and reputations. At the Law Office of John C. Caldwell, we are committed to providing compassionate and effective legal representation to help you navigate these challenges. We know the local courts, including the Brazoria County Courthouse, and have a deep understanding of the procedures and personnel involved.

We are here to help you every step of the way, from understanding your charges to exploring all available legal options. If you or a loved one is facing drug possession charges in Pearland or Brazoria County, don't hesitate to reach out to us for support and guidance.

Call the Law Office of John C. Caldwell today at (361) 348-8483 to schedule a meeting with our drug possession attorney in Pearland!

  • “Great lawyer, excellent communication.”
    The Law Office of John C. Caldwell, PLLC is fantastic. They explained what to expect and regularly updated me with court information. Their office always picked up my calls. If you need an attorney, give them a call!
    - Regis N.
  • “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.
  • “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.

What are 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 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 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 a 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 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 Possession Charges 

A robust defense often hinges on the legality of the search that led to the drugs' unearthing. 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 evidence collection process, the court may deem the obtained evidence inadmissible.

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

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.

Every case is unique, and the best defense strategy will depend on the specific circumstances of your situation. Our experienced attorney will thoroughly review the facts of your case, identify potential Fourth Amendment violations, and work hard to protect your rights. We aim to weaken the prosecution's case and put you in a strong position for a favorable outcome.

Contact Our Pearland Drug Possession Attorney Today

The quality of your legal representation can significantly impact the outcome of your case and, by extension, the course of your life. Don't entrust your future to just anyone--choose a lawyer who knows the system, has a track record, and is backed up by good testimonials from prior clients. Don’t hesitate to call Clay. 

Contact the Law Office of John C. Caldwell today to schedule a meeting with our drug possession lawyer in Pearland!

Areas We Serve Proudly Serving Southeast Texas
  • Alvin
  • Brazoria County
  • Clear Lake City
  • Friendswood
  • Galveston County
  • Harris County
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  • Manvel
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