Table of Contents
Texas Drug Crimes Attorney
Key Takeaways
- Drug crimes in Texas cover a wide range of offenses involving controlled substances and are prosecuted with serious consequences.
- Penalties vary based on the drug type, quantity, and alleged intent and can range from misdemeanors to felonies with prison time.
- The Texas Controlled Substances Act assigns drugs to penalty groups that guide sentencing outcomes.
- A conviction may lead to incarceration, steep fines, driver’s license suspension, asset forfeiture, and long-term barriers.
- Early legal representation plays a critical role in protecting your rights and pursuing dismissals, charge reductions, or diversion programs.
- The Law Office of Raul V. Treviño represents clients across Texas facing complex and high-stakes drug charges.
A drug charge in Texas can upend your life in a moment. You may be arrested in front of your family, booked into jail, and face felony charges even if it’s your first offense. Suddenly, your job, housing, and future are at risk. Texas prosecutors often treat these cases harshly, especially when the charge involves methamphetamine, cocaine, prescription medications, or other controlled substances.
Without experienced legal advice and guidance, you could face extended prison time, thousands in fines, and a permanent criminal record. The emotional and financial toll is heavy, and many people feel overwhelmed before they even understand what went wrong.
At The Law Office of Raul V. Treviño, we help clients across Texas take back control. From San Antonio to Dallas, we examine every step of the investigation, challenge unlawful searches, and build a personalized defense aimed at dismissal, reduction, or diversion.
Why Choose The Law Office of Raul V. Treviño
When serious drug charges put your future at risk, you need a legal team that understands Texas law and acts quickly to protect your rights. At The Law Office of Raul V. Treviño, we bring over a decade of courtroom experience to every case we handle.
We examine the evidence thoroughly, identify weaknesses in the prosecution’s case, and develop a legal strategy tailored to your specific situation. We understand that drug charges often involve deeper personal challenges, including addiction or mental health issues. These factors deserve attention and care, and we treat every case with that level of focus.
We value transparency, accessibility, and results. You’ll always know where your case stands and what steps we’re taking to move it forward. Our commitment is to strong legal advocacy that protects your future.
We Understand the Legal System
Drug charges in Texas involve complex procedures and serious consequences. At The Law Office of Raul V. Treviño, our criminal defense lawyer understands how each phase of the legal process affects your future. We guide our clients through:
- Law enforcement investigations and surveillance tactics
- Probable cause, search, and seizure laws
- Arrest procedures and enforcement of Miranda rights
- Bail hearings and pretrial motions
- Plea negotiations and trial preparation
Each step requires a thoughtful defense strategy. We apply our knowledge of Texas criminal law to protect your rights, identify errors in procedure, and reduce your exposure to conviction or severe penalties.
Testimonials
“Raul, cant thank you enough for making my case a smooth one. By far a great lawyer! Fastest turn around I’ve experienced with a lawyer. Always kept me up to date and got the CASE DISMISSED!!! If your looking for a lawyer, Raul Trevino is for YOU!” — Matt E.
“Raul helped me so much. This was my first time ever being in any type of legal trouble and he made it as least stressful and as painless as he could and he managed to get me a good deal and kept me out of jail. I will definitely be using his services again in the future when I need it. Thank you Raul!!” — Tyler M.
“I highly recommend Mr. Trevino! The court system can be very intimidating and frustrating. Raul is someone you can trust! He lead the way and got my case dismissed! I am so grateful! Thank you!” — Melody P.
What Is a Drug Crime in Texas?

In Texas, a drug crime refers to the unlawful possession, manufacture, distribution, or use of controlled substances or drug-related equipment. These offenses are prosecuted under the Texas Controlled Substances Act, found in Texas Health and Safety Code §§ 481.001–481.354. In some situations, particularly those involving large-scale operations or distribution across state lines, federal laws may also apply, leading to prosecution by the U.S. Department of Justice under the Controlled Substances Act.
This statute governs a wide range of substances, including street drugs such as cocaine, heroin, and methamphetamine, as well as prescription medications like Xanax or oxycodone when obtained or used without a valid prescription.
Penalties depend on several key factors:
- The type of substance
- The amount involved
- Whether law enforcement believes you intended to distribute or sell
Due to Texas drug laws, even small amounts of drugs can lead to jail time, a permanent criminal record, and serious consequences for your employment and future.
What Is the Texas Controlled Substances Act?
The Texas Controlled Substances Act governs the possession, use, manufacturing, and distribution of controlled substances throughout the state. This law classifies drugs into penalty groups based on their accepted medical use, potential for abuse, and risk of dependence.
Understanding how a drug is classified is essential because the penalty group directly affects the severity of the charge and the potential prison sentence. The primary categories include:
- Penalty Group 1: Cocaine, heroin, and methamphetamine.
- Penalty Group 1-B: Fentanyl and its analogues (created to address the opioid crisis separately).
- Penalty Group 2: Ecstasy (MDMA), PCP, and other hallucinogens.
- Penalty Group 2-A: Synthetic cannabinoids (such as K2 and Spice)
These classifications determine how prosecutors file charges and what sentencing ranges apply if convicted.
Types of Drug Crimes in Texas
Texas law defines several types of drug-related offenses, each carrying different legal consequences depending on the facts of the case:
- Possession of a controlled substance: Having a drug listed in the Texas Controlled Substances Act without a valid prescription. The penalties depend on the penalty group and the quantity involved.
- Possession with intent to distribute: Possessing drugs along with evidence of an intent to sell or deliver, such as digital scales, packaging materials, or large sums of cash. This offense is charged as a felony.
- Manufacture of a controlled substance: Creating or preparing illegal drugs, often involving drug labs or chemical processes. This is a serious felony under Texas law.
- Delivery of a controlled substance: Transferring a controlled substance to another person, with or without payment. Penalties vary based on the drug and the amount delivered.
- Drug trafficking: Transporting, distributing, or importing significant quantities of controlled substances. This offense often carries the most severe penalties, including the possibility of life in prison.
- Possession of drug paraphernalia: Owning or possessing items used to consume, manufacture, or distribute drugs, such as syringes, scales, or pipes. Typically charged as a misdemeanor.
At The Law Office of Raul V. Treviño, we examine every detail of the charges you face and work to develop a defense based on the specific facts of your case.
Common Texas Drug Crimes
If you have been arrested for a drug offense in Texas, your specific charge may fall into one of several common categories. At The Law Office of Raul V. Treviño, we regularly defend individuals facing charges such as:
- Possession of marijuana: Even a small amount of drug possession can lead to a criminal record, especially if it’s not a first offense.
- Manufacture or delivery of marijuana: Growing or distributing marijuana carries much harsher penalties than simple possession.
- Possession of cocaine: As a Penalty Group 1 drug, cocaine possession often results in felony charges and significant jail time.
- Manufacture or delivery of cocaine: Selling or producing cocaine increases the severity of charges and sentencing.
- Possession of heroin: Another Penalty Group 1 substance, heroin charges often result in mandatory sentencing if certain quantities are involved.
- Manufacture or delivery of heroin: Prosecutors treat these cases as serious felonies that may lead to lengthy prison terms.
- Possession of methamphetamine: Charges depend on the amount found, but penalties can escalate quickly.
- Manufacture or delivery of methamphetamine: Running a meth lab or distributing meth is one of the most severely punished drug offenses in Texas.
If your situation involves one of these charges, we can help you understand what to expect and how to move forward. Our goal is to protect your rights and seek outcomes that minimize the long-term consequences you may be facing.
What to Expect if You Are Arrested for a Drug Crime in Texas
If you are arrested for a drug offense in Texas, the process typically begins with an investigation. Law enforcement may use surveillance, search warrants, or tips to build a case. Once they believe they have enough evidence, police officers can arrest you with or without a warrant, depending on the situation.
After an arrest, if law enforcement plans to question you while in custody, they are required to read your Miranda rights. This is to make you aware of your right to remain silent and to have an attorney. Booking generally includes fingerprinting, photographing, and processing personal information.
During this time, law enforcement can search you and your immediate surroundings. Additional searches require probable cause or a valid warrant. If officers overstep legal boundaries, we may be able to challenge how the evidence was obtained.
At The Law Office of Raul V. Treviño, we take early intervention seriously. From the moment you are arrested, we step in to protect your rights, review police conduct, and begin building your defense.
What Happens if You Are Convicted of a Drug Offense in Texas?
A drug conviction in Texas can lead to serious, long-term consequences. The punishment you face will depend on several factors, including the type of drug, the amount, your criminal history, and whether it is a possession charge, a drug manufacturing charge, or a distribution charge. These penalties are outlined under the Texas Controlled Substances Act, found in Texas Health and Safety Code §§ 481.001–481.354. Texas law classifies offenses as misdemeanors or felonies depending on the substance and quantity.
- Misdemeanor: Applies to minor possession cases. For less than two ounces of marijuana (Class B), the penalty is up to 180 days in jail and a fine up to $2,000. For 2–4 ounces (Class A), the range increases to up to one year in jail and a $4,000 fine.
- State jail felony: 180 days to 2 years in a state jail facility and fines up to $10,000.
- Third-degree felony: 2 to 10 years in prison and up to $10,000 in fines.
- Second-degree felony: 2 to 20 years in prison and fines up to $10,000.
- First-degree felony: 5 to 99 years or life in prison and fines up to $10,000. In cases involving larger drug quantities (e.g., 400 grams or more of Penalty Group 1 or 1-B), enhanced fines can reach $250,000 or more.
Beyond jail time and fines, a conviction can lead to additional challenges, such as a suspended driver’s license, difficulty finding employment, and asset forfeiture.
At The Law Office of Raul V. Treviño, our drug lawyer works on criminal cases to reduce the long-term effects of a conviction. Whether by challenging evidence, negotiating for lesser charges, or exploring alternative sentencing, we focus on outcomes that protect your future.
Do I Need a Lawyer for a Drug Crime Charge?

Yes. If you are facing a drug charge in Texas, legal representation is not optional—it is critical. Drug laws are complex, and the wrong step early on can have lasting consequences.
At The Law Office of Raul V. Treviño, we step in as early as possible to protect your rights. Whether you are under investigation, have just been arrested, or are preparing for court, we know how to safeguard your interests from the beginning.
Before you speak to law enforcement, review how evidence was collected, and challenge any unlawful police conduct. From your first hearing through trial, we personally handle every step of the process. Our goal is to limit the impact of the charges you face through dismissal, reduction, or diversion whenever possible.
Facing a drug offense without a defense attorney leaves you vulnerable to serious penalties. We are here to make sure you have the legal information and develop the strong defense strategy you need to move forward.
Types of Drug Crime Cases The Law Office of Raul V. Treviño Handles
At The Law Office of Raul V. Treviño, our drug defense attorney represents individuals charged with a wide range of drug offenses under Texas law. We regularly handle cases involving:
- Possession of controlled substances
- Possession with intent to distribute
- Manufacturing or delivery of controlled substances
- Drug trafficking and transportation offenses
- Possession of drug paraphernalia
- Prescription drug-related charges
- Juvenile drug offenses
If you are facing one of these charges, we can help you understand your legal options and begin building a defense focused on your future. Whether this is your first offense or you are dealing with criminal charges, we are here to support you through every step.
How Can a Drug Crime Lawyer Help Reduce My Charges in Texas?
At The Law Office of Raul V. Treviño, we focus on reducing the impact of drug charges through a strong, strategic drug crime defense. We look at every angle of your case to identify the most effective legal path forward. This often includes:
- Reviewing your arrest for constitutional issues, such as unlawful searches or a lack of probable cause
- Challenging the reliability of lab results, forensic evidence, or broken chain-of-custody procedures
- Identifying police errors, including failure to advise you of your Miranda rights
- Negotiating with prosecutors to pursue reduced charges or alternative sentencing, including probation or treatment programs
- Determining your eligibility for a diversion program that may lead to dismissal upon successful completion
Our criminal defense attorney can tailor our approach to your specific circumstances. Our goal is to reduce or eliminate the long-term effects of a conviction wherever possible.
Facing Drug Charges? Get Your Free Consultation With a Texas Drug Crimes Attorney Today.
If you are facing drug charges in Texas, the decisions you make right now matter. Even a single charge can affect your freedom, your job, and your future.
At The Law Office of Raul V. Treviño, we take immediate action to protect your rights and guide you through the legal process. We will explain where your case stands, what your legal options are, and how we can help you move forward.
Your consultation is confidential and free of charge. Call our office at 210-409-8788 or contact us through our online contact form to schedule your free case review today.
Frequently Asked Questions
No. Jail is not automatic for first-time drug offenders in Texas. Courts often consider alternatives such as probation, community supervision, or diversion programs, especially for nonviolent offenses involving small amounts of a controlled substance. We can evaluate whether you qualify for these options and advocate for the least restrictive outcome possible.
In some cases, yes. Texas offers expunction and orders of nondisclosure under limited conditions. If your case was dismissed or if you successfully completed a deferred adjudication program, you may be eligible to seal or expunge your record. We can help you determine whether you qualify and guide you through the process.
Texas law prohibits the possession, manufacture, or distribution of controlled substances listed under the Texas Controlled Substances Act. These include, but are not limited to:
- Cocaine
- Marijuana (cannabis)
- Heroin
- Methamphetamine
- LSD
- Ecstasy (MDMA)
- Fentanyl
- Prescription medications like Xanax or Oxycodone without a valid prescription
The severity of the charge depends on the type and amount of substance found, as well as other case-specific details.
Written By Raul V. Treviño
With 14 years of courtroom experience, Raul is a seasoned litigator whose practice spans criminal law, personal injury, family law, and general litigation. Licensed in both state and federal courts, he has successfully handled jury trials and zealously advocates for clients—from misdemeanor and felony defendants to individuals and families facing complex civil disputes.