Drug Charge FAQ

Drug laws in Texas and across the country are always evolving. As new controlled substances become available and new laws either reduce or increase penalties, it is crucial to have an experienced criminal defense lawyer on your side if you find yourself facing drug charges in San Antonio.

For aggressive criminal defense against drug charges, contact Hoelscher Gebbia Cepeda, PLLC, today. We have the knowledge and resources to develop an effective strategy for protecting your rights and freedom.

Can I still be charged with a marijuana crime in Texas if I legally bought marijuana in another state?

Yes. Even though some states have decriminalized marijuana, you can still be arrested for drug possession if you bring marijuana into Texas. At Hoelscher Gebbia Cepeda, PLLC, we understand what is at stake in these cases, and we fight for marijuana law reform in the courtroom and beyond.

For more on these matters, please see our overview of THC concentrate, oils and waxes.

What determines the severity of a drug charge?

The severity of a drug charge will depend on the type and quantity of the drug in question. For example, in Texas, first-time possession of under 4 ounces of marijuana is a misdemeanor, while possession of less than 1 gram of meth or heroin is a felony.

Depending on the facts of your case, if you are arrested in connection with a large amount of drugs, you could be charged with drug distribution, drug trafficking or possession with intent to distribute. These are all very serious charges that can lead to years of incarceration. In any case, do not go up against a drug charge without an experienced criminal defense attorney on your side.

What are the options for first-time offenders?

If you are facing a drug charge for the first time, you may be eligible for Bexar County's drug diversion program, which is reserved for people accused of non-violent offenses. The program allows for participants to avoid incarceration and have their criminal cases dismissed.

However, before agreeing to a diversion program, you should speak with an experienced and dedicated criminal defense lawyer. Depending on the individual circumstances, it may be better to challenge the prosecution's evidence at trial.

Can I get my drug arrest off my record?

Actually, the best way to keep your record clean is to hire a good lawyer up front to prevent a conviction or other bad outcome. But, we can help clean up criminal histories by sealing your recording or expunging your record. In fact, at Hoelscher Gebbia Cepeda, PLLC, our lawyers can often help clear your record even if you have been convicted or spent time in jail.

I'm on probation for drugs. How do I avoid a positive drug test?

Well, obviously, try not to do drugs on probation. It's a good way to get sent to rehab or jail. Many commercial cleansers sold at head shops do not work. Using fake pee is easily caught in a decent lab, as is using pee from an individual of another sex, age or pregnancy status, taking different medications, or from another species (no, pig urine will not cut it). On the upside, if you tell us that you're going to be positive, then we may be able to help you out, anyway. For example, most courts will give us an order allowing positive tests as long as the levels for that drug decline according to a natural curve over time. Give us a call if your PO is giving you a hard time. You can check erowid.org by entering "drug testing" into the search box for more resources.

My lawyer is talking about rehab. How bad is rehab?

County rehab is not pleasant and is therapeutically questionable in many cases. Generally, misdemeanor rehab is 90-180 days and felony is 6-12 months. You may stay less or more time depending on how the staff evaluate your progress. In Texas, these lockdown facilities allow limited communication with the outside world, if any.

Private rehabilitation may be approved by the court. For example, we have worked with a number of excellent rehab facilities at all price levels. Some offer scholarships. Hoelscher Gebbia Cepeda, PLLC, highly recommends a nice private residential treatment center over a county lockdown facility, if possible. However, the number-one determinate of success in rehab is the patient's commitment to getting better. We've had clients succeed and fail in both.

Outpatient rehab is a great option for those who qualify. While time consuming, outpatient treatment allows you to maintain your regular life while making constructive changes. Your treatment provider can then monitor you to see what's working and what's not. In fact, we often can design an outpatient treatment plan pretrial and get you started so you can show progress by the time your case goes to trial or sentencing. Outpatient is also more affordable, generally.

I was arrested with weed. Now I'm not eligible for student loans. Nobody told me this would happen. How can drug arrests hurt me beyond what happened in court?

Unfortunately, getting arrested and, especially, getting convicted of possession of marijuana can have consequences beyond what the judge announced in court. These are called "collateral consequences." Some lawyers are more aware of the collateral consequences of various accusations than others. Collateral consequences for drug crimes mostly result from convictions. A few such consequences are suspension of your driver's license, ineligibility for student loans, revocation of security clearances, review of professional licenses (particularly medical certificates or licenses), ineligibility to own firearms (felony), or vote (felony). Sometimes, drug crimes can get CPS/DFPS involved. That is why the drug possession lawyers at Hoelscher Gebbia Cepeda, PLLC, try to get to know our clients and treat each client as unique.

Contact Hoelscher Gebbia Cepeda, PLLC

Schedule a confidential consultation with a skilled and dedicated criminal law attorney. Call 210-570-9902 today or send us an email. We can help.