Hoeller McLaughlin PLLC | Fort Worth Drug Lawyer | Drug Possession Charges

Have you been charged with a drug possession charge or a drug-related crime? You need a lawyer who knows the ins and outs of the law, since there are a number of factors to keep in mind in these situations, from affirmative links to potential mandatory minimum sentences. The first step to take is to seek out the counsel of an experienced Fort Worth drug lawyer.

As Fort Worth criminal defense lawyers, we fight to protect clients accused of committing drug possession charges in Tarrant County, Texas. If you or a loved one is facing serious drug possession charges, then you need an experienced Fort Worth criminal defense lawyer. You will deal directly with our team of former prosecutors who will not only treat you with respect, but also make sure we craft the best strategy and defense to fight your case.

At Hoeller McLaughlin PLLC, we have some of the top criminal defense attorneys in Fort Worth and the surrounding Tarrant County area. We take the time to listen to your needs and help you develop a professional strategy for your defense. Our goal is a dismissal, no bill, not guilty, or a reduction of your charge with a eye to the future for a chance to seal your record with an expunction or non-disclosure.  Our team has already secured two NOT GUILTY verdicts in felony jury trials this year. 

Here are the primary drug possession charges our team of Fort Worth Criminal Defense Attorneys handle in Tarrant County, Texas:

FELONY DRUG CHARGES IN TEXAS WE DEFEND:

  1. Possession of Marijuana 4 ounces to 5 pounds (State Jail Felony)
  2. Possession of a Controlled Substance u/1 gram (State Jail Felony), including:
    1. Penalty Group 1 (Cocaine, Methamphetamine, Heroin)
    2. Penalty Group 2 (THC)
  3. Possession of a Controlled Substance Penalty Groups 1, 2, 3, and 4 – Felony Level Amounts, including, but not limited to:
    1. Possession of a Controlled Substance 1-4 grams (3rd Degree Felony)
    2. Possession of a Controlled Substance 4-200 grams (2nd Degree Felony)
    3. Possession of a Controlled Substance 200-400 grams (1st Degree Felony)
    4. Possession of a Controlled Substance over 400 grams (Super First Degree Felony)
  4. Delivery & Manufacturing of a Controlled Substance charges (Enhances the Underlying Possession by a one Degree)
  5. Felony Drug-Related Offenses (Evading Arrest or Detention in a Vehicle, Weapons & Gun Charges, Unlawful Possession of a Firearm, Engaging in Organized Crime)

MISDEMEANOR STATE DRUG POSSESSION CHARGES WE DEFEND:

    1. Possession of Marijuana u/2 ounces (Class B Misdemeanor)
    2. Possession of Marijuana 2-4 ounces (Class A Misdemeanor)
    3. Possession of Marijuana u/2 ounces in a School Zone (Class A Misdemeanor)
    4. Possession of a Controlled Substance u/28 grams Penalty Group 3 (Class A Misdemeanor)
    5. Misdemeanor Drug-Related Offenses (Evading Arrest, Weapons & Gun Charges, Fail to ID, Etc.)

What we offer in your Tarrant County Criminal Defense:

1. EXTENSIVE TRIAL EXPERIENCE

Our firm has extensive trial experience in criminal and DWI defense. Our criminal defense attorneys and DWI lawyers have tried over 350 combined criminal trials, including assault and aggravated offenses, sex crime offenses, drug-related offenses, and over a hundred specifically involving DWI and DWI related charges.

In addition, we have reviewed and successfully negotiated thousands of criminal and DWI charges in Tarrant County, Texas. This experience gives us the knowledge to advise our clients if they are getting the best outcome possible on their charge.

2. FORMER DWI PROSECUTORS IN TARRANT, DALLAS, AND HARRIS COUNTY

Our team at Hoeller McLaughlin PLLC are all former Tarrant County prosecutors.  Being trained as a prosecutor gives us invaluable experience because we know exactly how the State of Texas will attempt to prosecute you on your criminal charges. This knowledge will allow our firm to build the best defense in fighting your criminal or DWI charge. Partner Hilary Wright is a former Chief Prosecutor in Tarrant County, Texas.

3. SUPERIOR KNOWLEDGE IN CRIMINAL LAW | BOARD CERTIFIED LAWYERS

In addition to be trained as former prosecutors, our criminal defense attorneys know the inside and out of each and every aspect of a police investigation and State prosecution, including criminal laws, proper police procedures, DNA and blood forensic evidence, and knowing exactly how the State plans to introduce evidence into trial.

Partners Colin McLaughlin and Hilary Wright are both Board Certified in Criminal Law by the Texas Board of Legal Specialization and all of our attorneys continuously attend criminal and DWI CLE seminars to make sure we are up to date on any change in the law.

For more serious aggravated cases, Partners Colin McLaughlin, Dustin Trammel, Hilary Wright, and Bryan Hoeller are also certified by the Courts to try cases up to capital murder charges, which requires a higher level of skills, courtroom experience, and CLE (continuing learning education).

4. HIGHLY RATED & AWARD WINNING FORT WORTH CRIMINAL DEFENSE ATTORNEYS

Our team has received over 300 5 star reviews on Google from our former clients.  In addition, our team has been recognized for their outstanding performance in criminal law.  Managing Partner Bryan Hoeller has been named a Texas Super Lawyer by Thomson Reuters for 2023 and 2024.  Lindsay Truly and Dustin Trammel were also both named Super Lawyers Rising Stars by Thomson Reuters for 2022, 2023, and 2024.  In addition to being Board Certified, Partner Colin McLaughlin was named a Top Criminal Lawyer in Fort Worth by Fort Worth Magazine for 2022, 2023, and 2024. Partner Hilary Wright is President-Elect for the Texas Association of Specialty Courts.

Our Strategy in Fighting Your Drug Charge

Our strategy at Hoeller McLaughlin PLLC is simple: Be 100% committed to holding the State of Texas to the highest burden of proof – Beyond a Reasonable Doubt. That includes:

  1. Case Review & Investigation: The first part of the our defense starts with a thorough evaluation and investigation into the criminal allegation, including investigating the background of any potential witness to the case (criminal history or any past history that would help in your defense), reviewing for possible defenses (i.e. bad stop, bad search, bad links), and determining if the State can even prove their charge beyond a reasonable doubt.
  2. Expert Analysis: If necessary, our strategy also involves getting the best investigators and experts throughout Tarrant Country to aid in your defense (getting a second opinion on the lab results, Etc.)
  3. Mitigation: Any proper defense strategy includes helping our clients put themselves in the best light to be viewed by the State, the Judge, or a potential jury.  This includes making sure our clients are getting the proper treatment or rehab (especially in drug related charges), if necessary, or being proactive about mitigating any damages.

Specific Questions Related to Drug Possession Charges:

  1. Did the police have reasonable suspicion or probable cause to come in contact with you (i.e. a traffic stop)?
  2. Did the police have probable cause to search and seize your property?
  3. If there was a search warrant, did law enforcement comply with Chapter 18 of the Code of Criminal Procedure and get a good warrant (sufficient probable cause and is not stale)?
  4. Can the police “affirmatively link” the drug/dope to you? For example, just being in a car where drugs are found is not necessarily enough of a link to convict a person beyond a reasonable doubt.
  5. Was the drugs/dope someone else’s?
  6. Was a CI (confidential informant) involved?
  7. Was there an issue with the drug test?
  8. Was a drug dog involved? How long did they take to get there?
  9. Was there any issues with the testing of the drugs? This can be especially important for THC cases.

Texas’s Tough Drug Laws

Texas has some of the toughest drug laws in the country. Despite some States changing laws, marijuana and THC is still illegal.  For simple possession of a controlled substance (like heroin, methamphetamine, cocaine, or even THC), you could be charged with a felony and face up to two years in a state jail and $10,000 in fines. This is just for a small amount of drugs. If the manufacture or delivery of controlled substance or possession with intent to deliver is added, this enhances the charge by one degree in Texas (i.e. from a second degree to a first degree charge).  Convictions for drug possession offenses also typically result in a suspension of your driver license.

In addition, if you are convicted of certain felony drug offenses (i.e. 3G school zone or fentanyl cases), you may be subject to very serious criminal penalties and collateral consequences (i.e. not eligible for parole on prison sentences). While some countries have decriminalized drugs and some states have legalized marijuana and/or THC, there are still significant consequences for possession and use in the U.S., especially in Texas.

Mitigation | Rehab & Probation Programs

Despite some of the serious consequences of drug charges in Texas, there is still mechanisms in place to help first-time offenders and serious repeat drug users.  If you are a first-time offender on low-level drug charges (misdemeanor or felony), than there is programs to get the case dismissed in Tarrant County (First Offender Drug Program).  The law also demands probation for first-time state jail possession charges.

In addition, Tarrant County has programs like DIRECT for repeat offenders in need of rehabilitation. This program offers probation and allows clients to get intensive treatment to try and get on the right path.

At Hoeller McLaughlin PLLC, we fight to get great outcomes for our clients on their cases, but we also want our clients to succeed in life, so we always encourage them to seek help if they need help.  Often times, this helps get a better outcome on their case, but it also helps our avoid repeat arrests and allows them to get on track in life and with their family.

FIRST OFFENDER DRUG PROGRAM (FODP):

If this is the first time you have ever been arrested on a drug charge and you don’t have any prior criminal history, you may qualify for the First Offender Drug Program run through the Tarrant County Criminal District Attorney’s Office.  Here is the link to their website for more information. If you successfully complete the FODP program, your drug possession charge will be dismissed and eligible for an expunction after a 1 year waiting period.  Here is the list of charges that may qualify for the First Offender Drug Program:

The following offenses may be eligible for FODP:

  1. Possession of Controlled Substance under 1 gram (Meth, Heroin, Cocaine, THC)
  2. Possession of Controlled Substance, 1 – 4 grams (Meth, Heroin, Cocaine, THC)
  3. Possession of Controlled Substance under 2 ounces
  4. Possession of Marihuana under 2 ounces
  5. Possession of Marihuana, 2 – 4 ounces
  6. Drug-Free Zone, Controlled Substance under 28 grams
  7. Drug-Free Zone Marihuana 2 – 4 ounces
  8. Forging or Altering Prescription
  9. Possession of Dangerous Drug
  10. Diversion of a Controlled Substance
  11. Attempt of any above listed offenses

Reach Out for a Consultation with a Fort Worth Drug Lawyer

If you’ve been charged with a drug crime, it’s in your best interests to talk to a lawyer immediately. But don’t automatically assume the worst. A drug charge does not have to be the end of the world.

Your Fort Worth drug lawyer can help you understand your rights and responsibilities and plan a strategic defense strategy. Call Hoeller McLaughlin PLLC today at 817-334-7900, or check out our online contact form below to find out how a Fort Worth drug lawyer can assist you. Our goal is a dismissal.