Drug Charges

As the laws governing the use of illegal drugs like marijuana continue to evolve, it's important for those residing in or visiting Texas to understand that drug charges carry significant consequences. As experienced criminal defense attorneys, we can help you understand the law and your rights.

Minimizing The Negative Consequences Of Drug Charges

At Hoelscher Gebbia Cepeda, PLLC, we have an in-depth understanding of the methods police and other law enforcement officials use to make an arrest. We use this knowledge and experience to create effective defense strategies on behalf of our clients. In many cases, we conduct thorough investigations, using industry experts and professionals to determine if law enforcement infringed upon your rights or mishandled the process of your arrest, such as violating search and seizure laws.

Depending on the circumstances of your arrest, you may be charged with any of the following:

  • Trafficking
  • Possession with intent to distribute
  • Possession
  • Prescription drug fraud
  • Drug paraphernalia

Some of the most common types of drug cases we see in San Antonio often involve:

  • Methamphetamine
  • Marijuana
  • THC concentrates
  • Heroin
  • Cocaine
  • Prescription drugs

The circumstances surrounding a drug charge can make a significant difference in the defense strategies we employ. For example, if your son or daughter has been charged with marijuana possession while away at college, our defense strategy may look different than if we were building a defense against heroin trafficking charges. By working closely with our clients, understanding who they are, where they've been and where they're going, we can better build a defense while providing the help and resources they need to achieve a better future.

Contact Our San Antonio Law Office

For more information regarding your rights and options for fighting criminal drug charges, contact us and speak with a lawyer by calling 210-222-9132 or by completing our online contact form.
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Possession of Marijuana

Laws pertaining to the possession and use of marijuana have been a point of contention for decades. However, as laws evolve across the country, Texas retains some of the most severe penalties for marijuana possession and distribution. At Hoelscher Gebbia Cepeda, PLLC, we protect the rights of those charged with drug crimes, including marijuana possession and possession of marijuana concentrates, with intelligent defense strategies that look to minimize the severity of the charges or have them completely dismissed.

Understanding Texas' Penalties For Marijuana Possession

Possessing any usable amount of marijuana is a crime in Texas. The maximum penalties for possession vary according to the amount of marijuana the authorities find. If you were arrested with two or fewer ounces of marijuana in your possession, you could face 180 days in jail and a $2,000 fine. As the amount or marijuana increases, so too does the maximum penalty—as much as five to 99 years in prison and a $10,000 fine for first-degree felony possession. In addition to jail time and fines, any misdemeanor marijuana conviction will result in the suspension of your driver's license.

Hire An Experienced Marijuana Possession Attorney

Like many other types of criminal cases, building a strong defense begins with gathering the facts and understanding all the details. At Hoelscher Gebbia Cepeda, PLLC, we know how to look for procedural errors on the part of the authorities and the best methods for seeing that your charges are reduced or dismissed.

Drug Charge FAQ

Drug laws in Texas and across the country are always evolving. As new controlled substances become available and new laws either reduce or increase penalties, it is crucial to have an experienced criminal defense lawyer on your side if you find yourself facing drug charges in San Antonio.

For aggressive criminal defense against drug charges, contact Hoelscher GebbiaCepeda PLLC, today. We have the knowledge and resources to develop an effective strategy for protecting your rights and freedom.

Can I still be charged with a marijuana crime in Texas if I legally bought marijuana in another state?
Yes. Even though some states have decriminalized marijuana, you can still be arrested for drug possession if you bring marijuana into Texas. At Hoelscher Gebbia Cepeda, PLLC, we understand what is at stake in these cases, and we fight for marijuana law reform in the courtroom and beyond. For more on these matters, please see our overview of THC concentrate, oils and waxes.
What determines the severity of a drug charge?
The severity of a drug charge will depend on the type and quantity of the drug in question. For example, in Texas, first-time possession of under 4 ounces of marijuana is a misdemeanor, while possession of less than 1 gram of meth or heroin is a felony. Depending on the facts of your case, if you are arrested in connection with a large amount of drugs, you could be charged with drug distribution, drug trafficking or possession with intent to distribute. These are all very serious charges that can lead to years of incarceration. In any case, do not go up against a drug charge without an experienced criminal defense attorney on your side.
What are the options for first-time offenders?
If you are facing a drug charge for the first time, you may be eligible for Bexar County's drug diversion program, which is reserved for people accused of non-violent offenses. The program allows for participants to avoid incarceration and have their criminal cases dismissed. However, before agreeing to a diversion program, you should speak with an experienced and dedicated criminal defense lawyer. Depending on the individual circumstances, it may be better to challenge the prosecution's evidence at trial.
Can I get my drug arrest off my record?
Actually, the best way to keep your record clean is to hire a good lawyer up front to prevent a conviction or other bad outcome. But, we can help clean up criminal histories by sealing your recording or expunging your record. In fact, at Hoelscher Gebbia Cepeda PLLC, our lawyers can often help clear your record even if you have been convicted or spent time in jail.
I’m on probation for drugs. How do I avoid a positive drug test?
Well, obviously, try not to do drugs on probation. It’s a good way to get sent to rehab or jail. Many commercial cleansers sold at head shops do not work. Using fake pee is easily caught in a decent lab, as is using pee from an individual of another sex, age, pregnancy status, taking different medications, or from another species (no, pig urine will not cut it). On the upside, if you tell us that you’re going to be positive, then we may be able to help you out, anyway. For example, most courts will give us an order allowing positive tests as long as the levels for that drug decline according to a natural curve over time. Give us a call if your PO is giving you a hard time. You can check erowid.org by entering “drug testing” into the search box for more resources.
My lawyer is talking about rehab. How bad is rehab?
County rehab is not pleasant and is therapeutically questionable in many cases. Generally, misdemeanor rehab is 90-180 days and felony is 6-12 months. You may stay less or more time depending on how the staff evaluate your progress. In Texas, these lockdown facilities allow limited communication with the outside world, if any. Private rehabilitation may be approved by the court. For example, we have worked with a number of excellent rehab facilities at all price levels. Some offer scholarships. Hoelscher Gebbia Cepeda PLLC highly recommends a nice private residential treatment center over a county lockdown facility, if possible. However, the number 1 determinate of success in rehab is the patient’s commitment to getting better. We’ve had clients succeed and fail in both. Outpatient rehab is a great option for those who qualify. While time consuming, outpatient treatment allows you to maintain your regular life while making constructive changes. Your treatment provider can then monitor you to see what’s working and what’s not. In fact, we often can design an outpatient treatment plan pretrial and get you started so you can show progress by the time your case goes to trial or sentencing. Outpatient is also more affordable, generally.
I was arrested with weed. Now I’m not eligible for student loans. Nobody told me this would happen. How can drug arrests hurt me beyond what happened in court?
Unfortunately, getting arrested and, especially, getting convicted, of Possession of Marijuana can have consequences beyond what the judge announced in court. These are called “collateral consequences.” Some lawyers are more aware of the collateral consequences of various accusations than others. Collateral consequences for drug crimes mostly result from convictions. A few such consequences are suspension of your driver license, ineligibility for student loans, revocation of security clearances, review of professional license (particularly medical certificates or licenses),ineligibility to own firearms (felony), or vote (felony). Sometimes, drug crimes can get CPS/DFPS involved. That is why the drug possession lawyers at Hoelscher Gebbia PLLC try to get to know our clients and treat each client as unique.

Contact Hoelscher Gebbia Cepeda, PLLC

Schedule a confidential consultation with a skilled and dedicated criminal law attorney. Call 210-222-9132 today or send us an email. We can help.

What Our Clients Say

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    Vincent Garcia, Client
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    Deborah Rubinstein
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    "Joseph has a great reputation as a criminal defense attorney who knows how and when to take a case to trial. Joseph has a great working relationship with the courts. Joseph has a great reputation amongst his peers as ethical and knowledgeable in and out of the courtroom."
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    "Every lawyer I interviewed before Joe immediately tried to convince me that a plea deal was my best option without so much as listening to what *I* wanted to do. Joe was the only one who didn't. He listened carefully, pointed out a few flaws in the prosecutor's discovery, took some notes and simply said, "This is a great case, I'd love to take it on." Here I stand 2 1/2 years later...all charges dropped/dismissed--with a great career and a whole new outlook on life. Joe Hoelscher helped me get my life back."
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