Drug charges
Dallas drug possession lawyer.
In Texas, a drug charge is graded by what the lab says the substance is and how much it weighs, and a fraction of a gram can be the line between probation and prison. Many of these cases are decided by how the police found the drugs, not by what they found. We go after the stop, the search and the lab report first, and we look early for diversion and probation paths that keep a conviction off your record. Mr. Estrada has been licensed in Texas since 2003 and handles drug cases in state and federal court, in English or Spanish.
Right now
If you or someone you love was just arrested.
- 01
Do not talk about the drugs
You have the right to stay quiet. Do not explain whose it was, where it came from or how often you use. In a shared car or apartment, those words are often the only thing tying the drugs to you.
- 02
Do not agree to more searches
Do not unlock your phone or say yes to a search of your home or car. Say calmly that you do not consent. If officers have a warrant, do not resist. We challenge the warrant later in court.
- 03
Follow every bond condition
Drug cases often come with bond conditions like drug testing. A missed or positive test can put you back in jail before your case is even heard. Call us if a condition is impossible to meet.
- 04
Write down what happened
As soon as you can, write the time and place, who was there, what the officers said, whether they asked permission to search and where any cameras were. Details fade and business video gets erased.
- 05
Do not sign a plea before you talk to a lawyer
A quick offer at an early court date can look like relief. A plea, even to deferred adjudication, can follow you into immigration, jobs and housing. The consultation is free and we answer 24/7.
Key deadlines and numbers
- Under 1 gram of meth, cocaine, heroin or fentanyl
- State jail felony: 180 days to 2 years and up to $10,000Source: Tex. Health & Safety Code 481.115
- What the weight includes
- The whole mixture, including cutting agents, not only the pure drugSource: Tex. Health & Safety Code 481.115
- THC vape oil or wax under 1 gram
- State jail felony, because concentrates are Penalty Group 2Source: Tex. Health & Safety Code 481.116
- Near a school or other drug-free zone
- The punishment can go up a level or carry a higher minimumSource: Tex. Health & Safety Code 481.134
- Evidence from an illegal search
- Cannot be used against you at trial in TexasSource: Tex. Code Crim. Proc. 38.23
Texas law
How Texas punishes drug possession.
Texas sorts controlled substances into penalty groups in the Health and Safety Code. The group and the weight set the level of the offense. Prior convictions, a drug-free zone or signs of selling can push the range higher.
| Substance and amount | Offense level | Range of punishment |
|---|---|---|
| Group 1 or 1-B (meth, cocaine, heroin, fentanyl), under 1 g | State jail felony | 180 days to 2 years in state jail, fine up to $10,000 |
| Group 1 or 1-B, 1 to 4 g | Third degree felony | 2 to 10 years in prison, fine up to $10,000 |
| Group 1 or 1-B, 4 to 200 g | Second degree felony | 2 to 20 years in prison, fine up to $10,000 |
| Group 1 or 1-B, 200 to 400 g | First degree felony | 5 to 99 years or life, fine up to $10,000 |
| Group 1 or 1-B, 400 g or more | Enhanced first degree | 10 to 99 years or life, fine up to $100,000 |
| Group 2 (THC concentrates, ecstasy), under 1 g | State jail felony | 180 days to 2 years in state jail, fine up to $10,000 |
| Group 2, 1 to 4 g / 4 to 400 g | Third / second degree felony | 2 to 10 years / 2 to 20 years in prison |
| Group 3 (Xanax and many other pills), under 28 g | Class A misdemeanor | Up to 1 year in county jail, fine up to $4,000 |
| Group 4 (some codeine cough syrups), under 28 g | Class B misdemeanor | Up to 180 days in county jail, fine up to $2,000 |
Possession means knowing control
The State has to prove you knew the drugs were there and had control over them. When drugs turn up in a shared car, room or apartment, being close by is not enough. Prosecutors need other facts that link the drugs to you.
Source: Tex. Health & Safety Code 481.002Signs of selling raise the stakes
Baggies, a scale, cash or messages on a phone can lead police to charge manufacture or delivery, including possession with intent to deliver, which carries higher ranges than simple possession. Fentanyl delivery is punished even more harshly, and since 2023 a fentanyl delivery that causes a death can be charged as murder.
Source: Tex. Health & Safety Code 481.112First-time state jail cases often point to probation
For many first-time state jail possession cases, Texas law directs the judge toward community supervision instead of state jail. A judge can also punish a state jail felony as a Class A misdemeanor. Pretrial diversion, when it is offered, can end in a dismissal.
Source: Tex. Code Crim. Proc. 42A.551A state jail felony is still a felony
People hear 'state jail' and think it is minor. A conviction is a felony conviction, with the same effect on guns, jobs and immigration. That is why a reduction to a misdemeanor or a dismissal is worth working for.
Source: Tex. Penal Code 12.44How we work
How we defend a drug case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Take apart the stop and the search
We get the dashcam and body camera video, the offense report and any search warrant affidavit. If the stop had no legal reason, the consent was not real or the warrant was weak, we file a motion to suppress. When the evidence is thrown out, the case often goes with it.
02
Test the link to you
Who owned the car, who else lived there, where exactly the drugs were, and whether anything carries your fingerprints or DNA. In shared spaces, the State's case is often thinner than the arrest report makes it sound.
03
Check the lab work
A roadside field test is not proof. We review the crime lab report, the chain of custody and how the sample was weighed, and we can ask for an independent retest. A few tenths of a gram can change the offense level.
04
Look for a way out of a conviction
Pretrial diversion, drug court, a reduction to a misdemeanor or deferred adjudication followed by an order of nondisclosure. We tell you plainly which ones fit your record and what each one costs you in time and conditions.
05
Prepare for trial when the State will not move
If the offer is not fair, we prepare the case for a jury: witnesses, the officer's cross-examination and the lab analyst's testimony. Prosecutors make better offers on cases that are ready to be tried.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”What a drug charge can mean outside the courtroom.
- Can I be deported for a drug charge?
- Almost any controlled substance conviction can make a non-citizen deportable, with a narrow exception for a single case of 30 grams or less of marijuana for personal use. Texas deferred adjudication still counts as a conviction under immigration law. Talk to us before any plea, and we will coordinate with your immigration attorney.
- What happens to my gun rights?
- A felony conviction bars you from having a firearm under federal law. While a felony charge is pending, federal law also bars you from buying or receiving a gun. Ask us before you keep, sell or transfer any firearm.
- Will this show up for employers and licensing boards?
- Drug charges show on background checks and matter to nursing, teaching, trucking and other licensing boards. A dismissal can be expunged. A deferred adjudication can often be sealed with an order of nondisclosure after the waiting period.
- Will CPS get involved?
- If children were in the home or the car, police may call Child Protective Services. What you say to a caseworker can reach the prosecutor. Call us before that interview.
Dallas and Odessa
Drug cases in Dallas County and Ector County.
Arrests by Dallas police, county deputies and DPS troopers on I-35E, I-30 and I-20 go through Lew Sterrett jail downtown, and the cases are heard at the Frank Crowley Courts Building on Riverfront Boulevard. From our Odessa office we handle cases from traffic stops on I-20 and Loop 338 that go through the Ector County jail and courthouse. When the amount is large or federal agents are involved, the case can move to federal court: the Northern District in Dallas or the Midland-Odessa division of the Western District.
FAQ
Questions people ask.
Can I get probation for drug possession in Texas?
Often, yes, especially on a first offense. Many first-time state jail possession cases are steered toward community supervision by law, and deferred adjudication or diversion may be available. Your record, the amount and the county all matter.
What if the drugs were not mine?
Then the State has to prove you knew about them and controlled them, and that is hard when other people used the same car or home. Do not try to explain this to the police. Let us build it with the evidence.
Is a state jail felony a real felony?
Yes. A conviction is a felony conviction. The judge can sometimes punish it as a Class A misdemeanor, which is one of the outcomes we work toward.
Does the bag count in the weight?
Packaging should not count, but cutting agents mixed into the drug do. We check how the lab weighed the sample, because a small difference can move the case to a different level.
Will my case go to federal court?
Most possession cases stay in state court. Large amounts, deals across state lines and cases worked by DEA, HSI or a federal task force can be charged federally, where the rules and penalties are very different. We handle both.
How much does it cost to hire you?
The first consultation is free. We discuss the fee and payment options up front, before you decide anything.
Related situations
- Marijuana and THC vape charges
- Jail release, bond and warrants
- Immigration consequences of a charge
- Clear your record
- Probation violations
- Federal drug conspiracy
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.