Drug Possession Attorney in Austin: Defending Drug Charges in Travis County and Federal Court

Most people charged with a drug offense in Austin have never been in a courtroom before, and most do not know how much turns on the small facts: what the substance was, how much it weighed, where it was found and how the officer came to find it. The same arrest can end as a ticket-level paraphernalia case or as a felony with prison time, and a conviction of either kind can follow you into job applications, rental screenings and professional licensing. Barton & Associates represents people charged with drug possession, delivery and trafficking in the Travis County courts and in the federal court in Austin, and a drug possession attorney in Austin should be able to tell you early which of those outcomes your case is closer to.

Drug defense is one part of the work of our Austin criminal defense attorney team. The sections below explain how Texas sorts drug offenses into groups, what each kind of charge can carry, how a case moves through Travis County, where the State’s proof is often thin and how federal cases differ. The first consultation is free.

How Texas Sorts Drug Offenses

Nearly every drug crime in Texas comes from the Texas Controlled Substances Act, Chapter 481 of the Health and Safety Code. The Act does not punish by drug name alone. It places substances in Penalty Groups, and the grade of the offense depends on three things taken together: which group the substance is in, how much of it the State can prove and what you are accused of doing with it. A small amount of a Penalty Group 1 drug such as cocaine, heroin or methamphetamine is a felony. A comparable amount of a Penalty Group 4 drug is a misdemeanor. Weight is measured with everything in the baggie or pill, cutting agents included, so a lab report that counts filler as drug can change a case. LSD is the exception, because it is measured by dosage unit.

Marijuana has its own statute and its own weight scale. Prescription-only drugs that are not in a Penalty Group are covered by a different law, the Texas Dangerous Drugs Act in Chapter 483. Then there is the conduct itself. Possession, possession with intent to deliver, delivery, manufacture, obtaining a drug by fraud and possession of paraphernalia are separate offenses, each with its own range of punishment, and the prosecutor’s choice among them often decides how the case is negotiated.

Drug Charges We Handle in Austin and Travis County

The pages below take up individual types of drug cases in more detail. Many cases touch more than one of them, so call us if yours does not fit neatly under a single heading.

• Possession of a controlled substance: cocaine, heroin, methamphetamine, ecstasy, pills and the other substances in the Penalty Groups.
• Possession of marijuana: cases graded by weight, running from a Class B misdemeanor up to a felony.
• Manufacture and delivery of controlled substances: sale, transfer, manufacture and possession with intent to deliver.
• Drug paraphernalia: pipes, scales, syringes, baggies and other items alleged to be connected with drug use or sale.
• Prescription medications: pills without a valid prescription, altered or doctor-shopped prescriptions and dangerous drug cases.
• Drug-free zone enhancements: increased punishment for offenses near schools, playgrounds and other protected places.
• Federal drug crimes: investigations by federal agents, conspiracy and trafficking prosecutions in federal court.
• Asset forfeiture defense: money, vehicles and other property taken during a drug investigation.
• Probation violations for drug crimes: positive tests, new drug allegations and motions to revoke after a drug case.
• Expungement and nondisclosure for drug offenses: removing or sealing the record once the case is over.

Possession Penalties by Penalty Group and Weight

The weights below are aggregate weights, which include any adulterant or dilutant mixed with the drug. They show what is at stake in each tier and are not a forecast for any one case. A state jail felony carries 180 days to two years and a fine of up to $10,000. A third-degree felony carries two to 10 years, a second-degree felony two to 20 years and a first-degree felony five to 99 years or life.

• Penalty Group 1 (Section 481.115). Cocaine, heroin, methamphetamine and similar drugs. Less than 1 gram is a state jail felony, 1 gram to under 4 grams is a third-degree felony, 4 to under 200 grams is a second-degree felony and 200 to under 400 grams is a first-degree felony. At 400 grams or more the offense is a first-degree felony with a 10-year minimum and a fine of up to $100,000.
• Penalty Group 2 (Section 481.116). Ecstasy (MDMA) and PCP are examples. Less than 1 gram is a state jail felony, 1 to under 4 grams a third-degree felony, 4 to under 400 grams a second-degree felony and 400 grams or more a first-degree felony.
• Penalty Group 3 (Section 481.117). Includes certain prescription drugs such as benzodiazepines. Less than 28 grams is a Class A misdemeanor, 28 to under 200 grams a third-degree felony, 200 to under 400 grams a second-degree felony and 400 grams or more a first-degree felony.
• Penalty Group 4 (Section 481.118). Less than 28 grams is a Class B misdemeanor, and the higher tiers follow the same steps as Group 3.
• Marijuana (Section 481.121). Two ounces or less is a Class B misdemeanor, and more than two ounces up to four ounces is a Class A misdemeanor. More than four ounces up to five pounds is a state jail felony, and more than five pounds starts the third-degree and higher felony tiers.

Two features of this scale matter in practice. A very small amount of a Penalty Group 1 or 2 drug is already a felony, and a gram that includes packaging residue or filler is still a gram in the State’s math. And the span within a single group is wide, so a charge near a weight line is worth testing: a second lab analysis, a question about how the sample was taken or a dispute about whether the whole mixture was weighed can move a case down a tier. The same is true of identity. Hemp with a delta-9 THC concentration of 0.3 percent or less is lawful, and a roadside field test cannot tell hemp from marijuana. The rules for hemp-derived THC products in Texas have shifted over the last few years, so ask us what applies to the product in your case.

At the bottom of the scale, a misdemeanor drug charge still creates a criminal record, and the broader rules for that level of charge are covered by a misdemeanor lawyer in Austin. A felony drug case, which goes to a grand jury and a district court, is handled with an Austin felony attorney. Our article on Texas drug possession penalties sets the groups side by side, and a separate article describes drug possession charges in Austin.

Ecstasy, Heroin, Methamphetamine and Pills

Clients usually describe their charge by the name of the drug, so it helps to see where the common ones fall. Ecstasy and MDMA are in Penalty Group 2. Heroin, methamphetamine and cocaine are in Penalty Group 1, which is the group with the lowest felony threshold and the heaviest ranges. Xanax and other benzodiazepines are in Penalty Group 3, where a small amount is a Class A misdemeanor. Opioid and stimulant pills such as oxycodone, hydrocodone and Adderall are harder to place, because the group depends on the specific ingredients and how much of the active drug a tablet contains. We read the lab report and the label rather than assume.

The drug named on the arrest report is also not always the drug in the evidence bag. Pressed pills sold as one medication can contain something else, powders are often mixtures and a presumptive field test is not a lab result. If the report names the wrong substance or the wrong group, the grade of the charge can change, which is a reason to get the file reviewed before you accept the way the case was written up.

Drug Paraphernalia Charges

Paraphernalia cases are charged under Section 481.125, and the grade depends on what the State says you did. Using or possessing paraphernalia is a Class C misdemeanor, which is punishable by a fine only. Delivering paraphernalia, or possessing it with intent to deliver or manufacture it, is a Class A misdemeanor. Delivering it to a child at least three years younger than the adult is a state jail felony. A Class C ticket seems minor, but it is still a criminal charge that goes on a record, and a paraphernalia count is frequently added to a possession case.

The State must show that the item was used, intended for use or designed for use with a controlled substance, and that you knew about it and possessed it. Scales, baggies, pipes and syringes have ordinary uses, so context decides whether the item is paraphernalia at all. The statute directs the court to look at circumstances such as statements, nearby controlled substances and residue on the item. Where there is no residue, no drug and no admission, the charge may be weak. A paraphernalia count can also be useful in negotiation, because a prosecutor will sometimes accept it in place of a possession charge that carries more consequences.

Possession With Intent to Deliver, Delivery and Trafficking

A delivery offense is punished far more heavily than possession of the same amount. For Penalty Group 1, Section 481.112 covers anyone who knowingly manufactures, delivers or possesses with intent to deliver, and it is graded by weight. Under 1 gram is a state jail felony, 1 to under 4 grams a second-degree felony, 4 to under 200 grams a first-degree felony, 200 to under 400 grams a first-degree felony with a 10-year minimum and 400 grams or more a first-degree felony with a 15-year minimum. Marijuana delivery is graded separately under Section 481.120. A small gift with no payment is a Class B misdemeanor, and the same amount sold is a Class A misdemeanor, with felony grades for larger amounts. Delivering a controlled substance to a child falls under Section 481.122 and is a second-degree felony.

Texas does not have one offense called trafficking in the way people use the word. The cases described as trafficking are usually delivery, possession with intent to deliver, engaging in organized criminal activity or a federal conspiracy. The State rarely sees a sale, so intent is argued from circumstances: the quantity, individually wrapped portions, scales, cash, more than one phone and text messages that sound like sales. Each of those can be contested. The same quantity and the same cash can fit personal use, a paycheck or a legitimate sale of something else, and suspicion is not proof. Cases that depend on a confidential informant or a controlled buy raise further questions about reliability, recordings and what the informant was promised.

Drug-Free Zones and Other Enhancements

The location of an offense can raise the punishment. Section 481.134 enhances certain drug offenses committed in, on or near specified places. For schools, youth centers and playgrounds the distance is 1,000 feet, and the statute also reaches school buses. Depending on the offense, the result is either a higher degree of felony or additional time and a doubled maximum fine. Other protected places, including colleges, public pools and video arcades, are handled by a separate subsection with its own distances. Enhanced punishment cannot run at the same time as a sentence for any other crime.

In a city where schools, parks, apartments and university buildings sit close together, a measuring wheel can turn an ordinary possession case into a serious one. The State must prove the location and that the property qualifies, so we check the distance, the kind of property and the dates. Our page on drug-free zone enhancements, listed above, explains the rules in more detail. Prior convictions can also raise the range, and a firearm found with drugs can lead to separate charges that a weapons charges attorney in Austin would address.

Prescription Drugs and Dangerous Drugs

Drug cases are not limited to street drugs. Having a controlled substance without a valid prescription can be charged under the Penalty Groups. Having a prescription-only drug that is not in any group is a Class A misdemeanor under the Dangerous Drugs Act (Section 483.041). Getting a drug through a forged prescription, a false statement to a pharmacy or concealing a prescription from another doctor is an offense under Section 481.129, which is graded as a felony for the more serious drugs. In most of these cases the first job is to collect the prescription history, because a valid prescription may answer the charge completely. Our page on prescription medications, listed above, covers the common situations.

Medication also leads to impaired-driving arrests. When a driver is accused of being impaired by a drug or a prescription, the charge is DWI, not a possession charge, and our page on drug-related DWI charges explains how those cases work.

Texas law also gives limited protection to people who seek help during an overdose. A person who is the first to request emergency medical help for a suspected overdose, and the person who overdosed, may have a defense to the lowest-level possession offenses. The defense is narrow. It does not cover everything, and it can be lost if the call was made during an arrest, if certain other offenses are involved, if there are specified prior drug convictions or if the person has used it before within a set period. If you called 911 for yourself or for someone else, tell your lawyer at once.

What Happens After a Drug Arrest in Austin

The steps are much the same from case to case, although the timing is not.

1. The stop, search and arrest. In Austin the arresting agency may be the Austin Police Department, the Travis County Sheriff’s Office, the Department of Public Safety or a campus police department. Arrests follow traffic stops, searches of homes and cars, warrants and undercover operations. What you say can be used, so give your name and ask for a lawyer. See our guide to your rights during a police stop.
2. Magistration and bond. A magistrate must see you within 48 hours, set bond and may impose conditions such as drug testing, reporting or a bar on contact. Our article on how bond works in Texas explains the process.
3. Lab testing. The substance is normally sent to a crime laboratory, and a felony may not be filed until the report comes back. Waiting weeks is common.
4. Filing. Misdemeanor charges go to a Travis County court at law. Felony charges go to a grand jury, which decides whether to indict, and our article on the grand jury indictment explains that step.
5. Pretrial investigation. We request the offense report, body camera and dash camera video, the warrant and affidavit and the full lab file, and we file motions to suppress when the facts support one.
6. Resolution. The case ends by dismissal, a plea or reduction, a diversion program, deferred adjudication or probation, or a trial.

If the arrest was recent, what happens at arraignment explains the first court setting, and our criminal defense case timeline shows how long each stage can take. A separate article describes felony cases in Travis County courts.

Searches, Stops and Evidence

A great many drug cases are decided by whether the police were allowed to find the drugs. The Fourth Amendment and Article 38.23 of the Texas Code of Criminal Procedure bar the use of unlawfully obtained evidence at trial, subject to exceptions. We examine each point in the chain: the reason for the stop, whether the officer held you longer than a traffic stop requires in order to wait for a drug-sniffing dog, whether the warrant affidavit actually supports the search, whether your consent was voluntary and whether an inventory of a towed car went beyond its purpose. When the stop or search was unlawful, a motion to suppress can remove the drugs from the case, and a case without drugs is often a case without charges.

The State also has to prove the rest. It must show the substance is a controlled substance, that it weighed what the lab says and that it was handled properly from the scene to the lab to the courtroom. If drugs were found in a shared car, a shared apartment or a bag several people had used, the State has to connect them to you. This is the law of constructive possession. Prosecutors must prove that you knew the substance was there and that you had control over it, and being close by is not enough. Courts look at links such as fingerprints, admissions, messages, large amounts of cash, the drugs being in your own belongings or furtive movements. Where several people had access and nothing ties the drugs to one of them, the State may not be able to carry its burden.

Ways to Resolve a Drug Case in Travis County

What is possible depends on the evidence, your history and what the prosecutor will agree to. These are the usual paths.

• Dismissal. A suppressed search, a problem with the lab work or a failure to link the drugs to you can end a case.
• Diversion and treatment programs. Travis County lists specialty courts and diversion programs on its website, including a felony drug court, felony pretrial diversion and several misdemeanor courts. For its felony drug court the county says that the applicant must have been arrested in Travis County for a felony drug-related offense, that the District Attorney reviews criminal history before a clinical assessment, that the program lasts at least 12 months and that charges are dismissed when it is completed. Programs change and have limited space, so we confirm what is open and whether you qualify before we rely on one.
• Deferred adjudication or probation. The judge can order community supervision with terms like drug testing, classes or treatment. To see how it works and where it falls short, read our page on deferred adjudication in Texas.
• Reduction or plea. Moving a felony to a state jail felony or a misdemeanor, or a delivery count to simple possession, can change the sentencing range and the long-term consequences.
• Trial. When the evidence is weak or the offer is not acceptable, we prepare the case for trial.

Misdemeanor drug cases in Travis County are generally prosecuted by the county attorney’s office and felonies by the district attorney’s office, so who has your file matters. If you are on probation and a new drug allegation or a positive test has come up, the stakes are different. An Austin probation lawyer can explain the revocation process, and our page on probation violations for drug crimes, listed above, covers the common situations.

Federal Drug Charges in Austin

Federal drug cases arising in Austin are filed by the United States Attorney’s Office in the Austin Division of the Western District of Texas. Many begin with a longer investigation by the DEA, Homeland Security Investigations or a multi-agency task force, and they often involve wiretaps, informants, several defendants or a conspiracy theory. Prosecutors generally charge under 21 U.S.C. Section 841 for distribution and possession with intent to distribute, and under Section 846 for conspiracy. A federal charge does not require that drugs crossed a state line. Our page on federal drug crimes, listed above, explains the process.

Federal sentences are driven by the Sentencing Guidelines and, for many offenses, by statutory minimums in Section 841(b). The drug and the quantity set the tier. For methamphetamine, as one example, 50 grams or more of a mixture carries five to 40 years and 500 grams or more carries 10 years to life. There is no parole in the federal system. A sentence can fall below a minimum in two ways. The government can move for a lower sentence when the defendant gave substantial assistance (18 U.S.C. Section 3553(e)). The safety valve in Section 3553(f) can also apply to a defendant with a limited criminal record who used no violence or weapon, did not cause death or serious injury, was not an organizer or leader and has truthfully told the government what he or she knows. Both routes involve real risk, so the decision should come after a lawyer has studied the evidence.

Asset Forfeiture After a Drug Investigation

Officers can seize cash, vehicles, phones and other property they believe is tied to a drug offense, even before anyone is convicted. In Texas the process is governed by Chapter 59 of the Code of Criminal Procedure and usually proceeds as a civil case alongside the criminal one. Federal agencies have their own forfeiture procedures. Notices come with short deadlines, and a seizure that is ignored can be lost by default. Our page on asset forfeiture defense, listed above, explains how a claim is filed.

Consequences Beyond the Sentence

A drug case affects parts of life that the judge never mentions.

• Work and licenses. Nurses, teachers, pharmacists, commercial drivers and other licensed workers may face board action or discipline from an employer. See our article on being arrested with a professional license.
• Military service. Service members can face command discipline or a loss of clearance on top of the civilian case. Our page for those arrested as a service member covers active duty and veterans, and the page on security clearance defense addresses clearances.
• Immigration. A drug offense can carry serious immigration consequences, and a deferred adjudication may still count as a conviction under immigration law. Anyone who is not a U.S. citizen should raise that with the lawyer before a plea is discussed.
• Students. University and college students can face school discipline in addition to the criminal case. Federal rules that once suspended financial aid after a drug conviction no longer apply beginning with the 2023-24 award year, according to university aid offices, but school and state rules vary, so ask the school.
• Housing and firearms. A landlord or housing provider may react to an arrest or a conviction. A felony conviction bars firearm possession, and drug use creates its own federal firearm problems.

Clearing Your Record After a Drug Case

How the case ends controls what relief is available later. An expunction can erase arrest records after a dismissal or acquittal in many situations, and an order of nondisclosure can seal certain records once a waiting period has passed. Drug offenses have their own eligibility rules, and deferred adjudications and convictions are treated differently. Our guides to Texas expunction and the nondisclosure guide explain each, a separate article covers expunctions in Travis County, and an expunction lawyer in Austin can check your eligibility. We plan for the record from the first meeting, since the way a case is resolved can keep these options open or close them.

Why Austin Clients Choose Barton & Associates for Drug Defense

A drug case usually turns on details: a stop that went on too long, a warrant that says less than it seems to, a lab report with a gap in the chain of custody or a possession theory with no real link to the client. Gary J. Barton, our founding attorney, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, handled capital murder cases as a prosecutor and has tried more than 100 cases to a jury. Jim Erickson, a senior trial attorney in our Austin office, has practiced criminal defense in Texas courtrooms since 1985 and has tried more than 250 cases to a jury verdict in more than sixty Texas counties. Managing attorney Duane Graeff has practiced for more than twenty-six years in Texas state and federal courts, which is useful when a state investigation turns federal. They work alongside the other criminal defense trial attorneys at the firm. Any Texas lawyer’s license and board certification can be checked in the State Bar of Texas directory, and we encourage you to look ours up.

• The evidence comes first. We review the stop, the search, the lab work and the chain of custody before the question of a plea comes up.
• You hear the real exposure. We tell you the range your charge carries and what each option would cost.
• We think past the sentence. Your job, license, immigration status, military service and record all affect which outcome is right.
• We do not promise results. No lawyer can, and we will not.

Our Austin office is at 316 W 12th Street, Suite 400, and we meet with clients there by appointment. You can get directions to our office before your visit. Bring what you have, but call even if you cannot find everything on this list.

• Arrest paperwork, the terms of your bond and the date you must appear next.
• Any citation, search warrant or property receipt you were handed.
• Which agency made the arrest, and the officers involved if you know them.
• Pharmacy records or prescriptions, if medication is part of the case.
• Photographs, video or messages connected to the stop or the arrest.
• A list of any earlier cases and any pending probation or immigration matter.

Frequently Asked Questions About Drug Charges in Austin and Travis County

What should I do in the first hours after a drug arrest in Austin?

Give your name, say you want a lawyer and decline any request to search your phone, car or home. Write down what you remember about the stop while it is fresh, keep every piece of paper you were given and follow your bond conditions exactly, including any drug testing. Do not talk about the facts with anyone except your lawyer, because jail calls and text messages are recorded or can be obtained. If a felony is possible, call before your first court date, since early steps can affect bond, evidence and the way the case is filed.

Is a Texas drug possession charge a misdemeanor or a felony?

It depends on the substance and the weight. Under Chapter 481, small amounts of Penalty Group 3 or 4 drugs and up to four ounces of marijuana are misdemeanors, while any amount of a Penalty Group 1 or 2 drug is a felony. More weight raises the grade within each group, and prior convictions or the location of the offense can raise it again. Our overview of felony versus misdemeanor in Texas explains why the grade matters so much.

What is the penalty for possessing drug paraphernalia in Texas?

Possessing or using paraphernalia is a Class C misdemeanor under Section 481.125, which is punishable by a fine of up to $500 and no jail time. Delivering paraphernalia, or having it with intent to deliver, is a Class A misdemeanor. Delivering it to a child at least three years younger than the adult is a state jail felony. The State has to prove the item was connected to a controlled substance, and ordinary objects such as scales, baggies and pipes do not meet that standard on their own. Even a Class C charge is a criminal record, so it should not be ignored.

How does possession differ from possession with intent to deliver?

Possession means you knowingly had the substance. Possession with intent to deliver, which Section 481.112 covers for Penalty Group 1, means the State claims you planned to distribute it, and it carries a much higher range of punishment. Prosecutors usually prove intent through the amount, the packaging, scales, cash, phones and messages. That is circumstantial evidence, and it can be explained or challenged. Getting a delivery charge reduced to possession can change the sentencing range a great deal.

At what weight does marijuana become a felony, and what about hemp?

Two ounces or less is a Class B misdemeanor and more than two ounces up to four ounces is a Class A misdemeanor under Section 481.121. More than four ounces is a state jail felony, and the grade rises as the weight does. Hemp with 0.3 percent or less delta-9 THC is legal in Texas, and a field test cannot separate it from marijuana, so laboratory testing can decide a case. Edibles, concentrates and vape cartridges are treated differently from plant material, so tell your lawyer exactly what was seized.

Can I be charged for having Xanax or Adderall?

Yes, without a valid prescription, or with more than the prescription allows. Xanax and other benzodiazepines are in Penalty Group 3, where a small amount is a Class A misdemeanor. Prescription stimulants and opioids depend on their ingredients, and a prescription-only drug outside the Penalty Groups can be charged as a Class A misdemeanor under Section 483.041. Obtaining pills with a forged prescription or by hiding another doctor’s prescription is a separate offense under Section 481.129. Bring pharmacy records and the original bottles if you have them.

What is the penalty for possession of ecstasy, heroin or methamphetamine?

Ecstasy (MDMA) is in Penalty Group 2. Heroin and methamphetamine are in Penalty Group 1. For both groups, less than one gram is a state jail felony and the grade increases at each higher weight, so even a small amount is a felony. Penalty Group 1 is the harsher of the two, with a first-degree range starting at 200 grams and a 10-year minimum at 400 grams. The weight includes any cut or filler, which is why the lab analysis matters. Ask us how the lab report would apply to the substance in your case.

What is constructive possession?

It is the State’s theory when the drugs were not on your body but somewhere you could reach, such as a car, a bedroom or a shared apartment. The State must prove you knew the drugs were there and had control over them. Being nearby is not enough, and courts look for links such as fingerprints, statements, messages or your belongings in the same place. When several people share the space and nothing ties the drugs to you, the State’s case can be weak.

Is it legal for police to search my car without a warrant?

Sometimes. An officer may search with your consent, with probable cause, after an arrest or by inventorying an impounded vehicle, and each route has limits. A traffic stop also may not be extended beyond its purpose to wait for a drug dog without reasonable suspicion. Evidence from an unlawful search can be excluded under the Fourth Amendment and Article 38.23. Calmly decline to consent and do not argue at the roadside, because a lawyer can raise the problem later.

What is a drug-free zone and how does it change the charge?

Section 481.134 increases the punishment for specified drug offenses committed in, on or within 1,000 feet of places such as a school, youth center or playground, or on a school bus. Depending on the offense, the statute raises the degree of the felony or adds time and doubles the maximum fine, and the punishment cannot run at the same time as another sentence. The State must prove the location, so we check the distance and whether the property qualifies.

Is there a drug court or diversion program in Travis County?

Travis County lists specialty courts on its website, including a felony drug court and felony pretrial diversion, along with misdemeanor courts for certain defendants. The county describes the felony drug court as open to people arrested in Travis County for a felony drug-related offense who pass a legal eligibility review and a clinical assessment, and it says charges are dismissed after a program that lasts at least 12 months. Spaces, rules and current availability change, so we confirm what is open for your charge and your history before we discuss a plea.

What makes a federal drug case different from a state case?

The United States Attorney’s Office prosecutes the case in federal court, usually after a longer investigation, and punishment follows the Sentencing Guidelines and, for many offenses, minimum sentences under 21 U.S.C. Section 841(b). There is no parole. A sentence can sometimes be reduced through substantial assistance or the safety valve, but each carries risk. Federal cases also tend to involve several defendants and months of surveillance, so reviewing the evidence takes much longer than in a state possession case.

Will a drug charge affect my job, license, school or immigration status?

It can. Licensing boards and employers often act on an arrest or a conviction, schools can have their own discipline process, service members can face command action and immigration law may treat a deferred adjudication as a conviction. Those consequences can matter more than the sentence, so tell your lawyer about your job, license, enrollment, military status and citizenship before any plea. The right resolution for a student or a non-citizen may differ from the right one for someone else with the same charge.

Can a drug arrest or conviction come off my record?

Sometimes. If the case ended in a dismissal or an acquittal, an expunction may let you have the arrest records removed, and some other outcomes qualify for an order of nondisclosure after a waiting period. The way your case ends decides which relief, if any, you can ask for. Our article on how to expunge a criminal record in Texas walks through the process, and we plan for the record from the beginning of a case.

Talk With a Drug Crimes Lawyer in Austin About Your Charge

Evidence is easiest to preserve early, and some deadlines begin at the moment of arrest or seizure. Speak with an Austin criminal defense lawyer at Barton & Associates about the charge, the search and what to do before your first court date.

Call our Austin office at 512-THE-FIRM (843-3476) or complete the online Free Consultation form to schedule a confidential meeting. Our office is at 316 W 12th Street, Suite 400, Austin, Texas 78701, and on-site consultations are by appointment only.

Main Category: Criminal Defense Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)