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Next Steps After a Drug Possession Charge

Upon being caught for possessing illegal drugs, there are a number of questions that can race through your mind. What does this mean for me right now? What are the consequences? What does this mean for my future? Navigating this frightening situation you’ve been tangled in can seem like an impossible task. However, you should know that you have a variety of resources available to you to help answer your questions and figure out your next move after a drug possession charge. It is my hope that you will find answers and direction after reading this blog.

How Serious is a Drug Possession Charge?

Texas doesn’t mess around when it comes to drug possession. As one of the more serious criminal charges in the state, drug possession carries a wide range of punishments. From probation to lengthy prison sentences, you could be facing some serious consequences depending on:

  • The type of drug
  • The quantity of the drug
  • How the drug was stored or concealed
  • If you possess additional drug paraphernalia (ex. scale or large amount of money)
  • If you have a prior criminal record

To be charged under the possession law means that the state has accused you of holding or having control over an illegal controlled substance.  In fact, the drugs don’t have to be on you for the State to make a case against you. In addition, in distribution, or dealing, cases, one doesn’t even have to profit from the sales in order for the prosecution to go after you. If you merely assisted or attempted to assist another in either possessing or dealing drugs, you could also face serious criminal charges.

These cases have collateral consequences. For instance, under Texas statutes, any drug possession conviction will result in a six month driver’s license suspension. In addition, with a drug possession charge on your record, even simple tasks like applying for a job, housing, or a loan can seem impossible.

What are the Potential Consequences?

Drug crimes carry a wide range of punishment options for the courts. For example, unlawful possession of a small amount of a Penalty Group 3 or 4 will result in a misdemeanor charge, whereas any possession of a Penalty Group 1 or 2 drug will result in a felony charge. Penalty Groups 1 and 2 include such drugs as cocaine, heroin, ecstasy, methamphetamine, LSD, mescaline and psilocybin.

Penalty Groups 3 and 4 include such drugs as Valium, Ritalin and Xanax. Marijuana is classified separately. Possession of less than two ounces is a Class B misdemeanor; possession of 2 to 4 ounces is a Class A misdemeanor. Possession of more than 4 ounces is a felony. Drug charges, whether they are a misdemeanor or a felony, should be treated with the utmost seriousness.

What is Your Next Move?

Your first move following a drug possession charge should be to contact a criminal defense attorney immediately. I have fought and won many drug possession cases, and have an experienced knowledge in the courtroom. I am board certified in criminal law and have used this knowledge many times to successfully represent individuals charged with a drug crime. To start building your defense and fighting for your case, contact me today.

Testimonials
  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of" - Nicoli

  • "I found Mr. Shaeffer to be very responsive, effective, and strategic. There was never any doubt in my mind that he had my best interest at the forefront of his efforts in handling my case." - Ron

  • "When you have been wrongfully accused of having an affair with a student, you must acquire legal counsel before you even speak to the police, even if you are the person who reports the rumors. Tylden Schaeffer advised me to not have a second interview with the police department and found time in his schedule to meet with me that day. After the meeting, I had a path to move forward on and that included a well written statement that Mr. Schaeffer crafted. After submitting this in lieu of a second interview with the police, there were no more problems with the school district or police department. Mr. Schaeffer did a superb job and had me resting more easily following our meetings. I would highly recommend Mr. Schaeffer to anyone in need of a Criminal Defense Attorney." - Anonymous

  • "Tylden has been nothing but excellent while representing me. He’s been very upfront, honest, and cooperative with not only myself, but with my family as well. I don’t just feel like a number, he treats you like if you’re his only client. I’d definitely recommend him to anybody I know if they are in need of legal help. 5 out of 5 stars. I highly recommend Tylden Shaeffer!" - Joel

  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of what could potentially be the outcome of my case, and it was dim. However he asked me what i wanted and was creative enough to deliver at an extremely affordable price. He has the knowledge to defend you, and the experience to win. I’m very happy with how he handled my case. His office is also only blocks away from the court house and he is always prompt. I don’t usually write reviews, but Mr. Tylden Shaeffer deserves to be recognized." - Nicoli

  • "When I got charged with my DWI I already expected to go through a long, painful process from the beginning. But, Mr. Shaeffer and his staff made my whole experience quick and easy with their great communication and professionalism. He was always straight forward and I could tell he had my best interest in mind. He made sure I didn’t get charged with “extreme intoxication”, while also reducing my fines and the length of my probation. I highly recommend him to anyone!" - Alex

  • "Mr. Shaeffer is a great attorney , very professional, very nice and is willing to work with you and help u threw any situation u may have or need help with . I recommend Mr. Shaeffer to anyone who needs help with any kind of legal issues or problems. Anyone who has asked me about an attorney i most definitely tell them Mr. Shaeffer and give them his info. Thank you for all your help and everything u have done for me and my family. You are a awesome attorney! Highly Recommend" - Anonymous

  • "Tylden is a fantastic attorney. He thoroughly prepared for my case and did an amazing job of relating to the judge and jury. I highly recommend Tylden. Would recommend to anyone!" - Skyler

  • "Tylden got my felony reduced to a misdemeanor. He saved my life. I didn’t have to pester him for information and updates about my case and his staff is well informed and helpful. He personally attended each and every one of my hearings and was just as concerned about restoring my reputation as I was. He recently got a motion for non-disclosure filed and approved by the judge so I will never have to admit this mistake ever happened. I would recommend Tylden to anyone! He is a highly intelligent and competent attorney. The Best!" - Anonymous

  • "I was represented by Mr. Shaeffer years ago (2004). He would travel from San Antonio all the way to Del Rio to represent me. My father and I were accused of wrong doing by federal agents and we had done nothing. We, my father and I were on trial simultaneously. We had hired an attorney and found out later he was friends with the prosecutor and wanted us to accept a plea bargain. “We did nothing wrong”, I cried to him. He insisted that we accept due to it being impossible to beat the Government. My father and I were close to giving up when we met Mr. Shaeffer. Mr. Shaeffer believed in us and fought for us. Because of him, I never saw prison walls nor was I ever away from my family. It was one of the most difficult times in my life, but thankfully we met a Godsend attorney and justice prevailed." - Anonymous

Case Results
Intoxication Manslaughter – Reduced Sentence

While client was already on probation for DWI when arrested for Intoxication Manslaughter. Client pleaded guilty to the jury and jury awarded probation where State sought prison term from the jury.

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