DRUG POSSESSION LAWYER AUSTIN TX
Drug possession charges in Austin range from Class B misdemeanor marijuana possession to first-degree felony possession of large quantities of controlled substances. Travis County prosecutors take drug cases seriously, and convictions carry lasting consequences beyond the immediate penalty — affecting employment, professional licensing, housing, and financial aid. Our Austin drug possession lawyers fight every charge with every available defense.
Compensation Available
Charge dismissalSuppression of unlawfully obtained evidence leading to outright dismissal
Deferred adjudicationNo final conviction upon successful completion of probation
Travis County diversionDrug Treatment Court and first-offender programs leading to dismissal
Reduced chargesNegotiating less serious charges when full dismissal is not achievable
Record expunctionFull removal of the arrest record when charges are dismissed
Career protectionProtecting professional licenses, security clearances, and employment background checks
Key Facts & Information
1
Marijuana (< 2 oz)
Class B misdemeanor — up to 180 days jail, $2,000 fine. Despite Texas's at-will stance, possession remains criminal and prosecuted in Travis County.
2
Marijuana (2–4 oz)
Class A misdemeanor — up to 1 year jail, $4,000 fine. Still actively prosecuted in Austin despite shifting public attitudes.
3
Penalty Group 1 (< 1g)
State jail felony — 180 days–2 years state jail, $10,000 fine. Covers cocaine, methamphetamine, heroin, and other Schedule I/II substances.
4
Penalty Group 1 (1–4g)
Third degree felony — 2–10 years prison. The most commonly prosecuted felony drug possession range in Travis County.
5
Travis County Diversion
Drug Treatment Court and first-offender diversion programs offer dismissal upon completion of treatment — attorney guidance critical for eligibility.
Frequently Asked Questions
Can drug possession charges be dismissed in Texas?▾
Yes. Charges are dismissed when evidence was obtained through an illegal search, chain of custody is broken, or diversion/deferred adjudication is successfully completed.
What is the difference between possession and possession with intent to deliver?▾
Simple possession is for personal use. Possession with intent to deliver (PWID) is charged when the quantity, packaging, scales, or cash suggests distribution — a more serious felony charge.
Are there diversion programs for first-time drug possession in Austin?▾
Yes. Travis County Drug Treatment Court (DTCR) and first-offender diversion programs offer treatment and dismissal for eligible first-time possession defendants. An attorney determines eligibility and guides the process.
Will a drug possession conviction affect my professional license?▾
Yes. Medical, nursing, teaching, law, and many other professional licenses require disclosure of criminal convictions. Deferred adjudication or dismissal significantly reduces this risk.