Possible Defenses Against Drug Possession Charges in Texas

 Posted on October 15, 2025 in Criminal Law

Even a small amount of drugs can lead to a drug possession charge in Tarrant County. A conviction may result in heavy fines, jail time, and a stain on your criminal record. However, you have the right to fight the charges. A strong defense depends on the facts of your case, how the police acted, and whether prosecutors can prove each part of the charge. You need an experienced Tarrant County, TX drug crimes defense lawyer to help you strategize and challenge the allegations.

What Does Texas Law Say About Drug Possession?

According to the Texas Controlled Substances Act, it is illegal to have a controlled substance without a valid prescription. The key is that you have to knowingly possess it. The law defines "possession" as having care, custody, control, or management of the drug. This means you do not have to own the drugs to be charged. Simply having them in your car, home, or pocket could lead to an arrest.

Texas law separates controlled substances into Penalty Groups 1 through 4, with an additional group for marijuana. The higher the penalty group number, the less dangerous the drug is considered to be. Penalty Group 1 includes drugs like heroin, which carry the harshest penalties. Penalty Group 2 includes substances such as ecstasy. Penalty Groups 3 and 4 cover prescription drugs like Xanax and certain cough syrups with codeine.

Penalties vary based on the type of drug, the amount possessed, and whether aggravating factors were involved. For example, an intent to distribute or being caught in a drug-free zone like a school or public park would count as an aggravating factor.

To convict you, the state must prove beyond a reasonable doubt that you knew the drugs were there and that you had control over them. If prosecutors cannot prove both, your case may be dismissed, and there are many ways to challenge their claims.

Common Legal Defenses for Drug Possession Charges in Texas

We will base your defense on the specifics of your case, but some common defenses include:

• Illegal search and seizure: Police must follow the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23, which says that evidence collected illegally cannot be used in court. If officers searched your car, home, or person without probable cause or a warrant, we might be able to have the evidence thrown out.

• Lack of knowledge or control: You may not be guilty if you did not know the drugs were there or if you had no control over them. For example, if someone left drugs in your car without your knowledge, that could be a valid defense.

• Entrapment: Under Texas Penal Code § 8.06, you cannot be convicted if police or undercover officers pressured you to commit a crime. This defense applies only if you would not have done it without their influence.

• Valid prescription: If you had a prescription from a licensed doctor, that could be a full defense against the charge.

• Constructive possession: Prosecutors must prove the drugs were directly linked to you. If the drugs were found in a shared space, like a car with multiple passengers, it may be hard for them to prove ownership.

Contact a Dallas, TX Drug Crimes Defense Lawyer Today

If you are facing drug possession charges, strong legal representation is the first line of defense. You have rights, and an experienced attorney at Law Office of Michelle Poblenz can help you protect them. Attorney Michelle Poblenz is a former prosecutor for the Dallas County District Attorney’s Office. She has over 25 years of legal experience handling complex criminal cases across Texas. This background helps her understand how prosecutors build their cases and how to challenge weak evidence. Contact our office today at 469-845-3031 to schedule a consultation with a trusted Tarrant County, TX drug crimes defense lawyer.