One of the lowest level drug charges you can face in Galveston County is possession of a controlled substance penalty group 3 less than 28 grams. Typically, this arises when law enforcement suspects you were in possession of substances like Xanax or Hydrocodone without a prescription. Xanax's generic name is Alprazolam, and it constitutes the most common misdemeanor-level drug arrest in Galveston, Texas. When defending someone against a charge of possession of a controlled substance penalty group 3, the first step is to understand your client's situation. Sometimes, the most effective defense strategy involves demonstrating that the events leading to their arrest were unusual. Everyone can have a bad day, but the next day, they can reach out to Galveston Criminal Defense and DWI Attorneys PLLC to regain control of their life.

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PUNISHMENT RANGE: Class A

0-365 days in jail and up to a $4,000 fine.​

Possession of a Controlled Substance Penalty Group 2 includes possession of THC otherwise known as "tetrahydrocannabinols."  The other major drug found in Penalty Group 2 is MDMA or ecstasy.  The scientific name is                   3-4 methylenedioxymethamphetamine

but it is becoming more and more rare.  It is likely that if the District Attorney's office has charged you with MDMA possession that the pill was actually methamphetamine and should have been charged under Penalty Group 1 instead.  Penalty Group 2 charges often happen in motor vehicles.  If the police don't have reasonable suspicion to pull over your vehicle or probable cause to search the car then the case may be dismissed!  Call now to receive a free consultation about the facts of your case!  

PUNISHMENT RANGE: State Jail Felony 6 months - 2 years in a State Jail Facility and up to a $10,000 fine. 

Possession with Intent to Deliver carries the same punishment range as Manufacture and Delivery of a Controlled Substance.  This means that the police don't have to prove a drug transaction actually took place in order to arrest and charge you as a drug dealer.  But they do have to prove actual care, custody, control or management.  For example:

• Being the driver and only person in a car where a drug and other evidence of sale was found;

• Nervous or “furtive” gestures trying to conceal the prohibited substance;

• Being found to have been texting or calling another individual coordinating the transportation or concealment of the prohibited substance.

The government may try to use any of these circumstances against you.  Call us today and put a former prosecutor on your side!

Arrests for Possession of a Controlled Substance Penalty Group 1 in Galveston are normally for one of three drugs,

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(1) Methamphetamine

(2) Cocaine and;

(3) Heroin. 

If you have been arrested for methamphetamine possession even a small amount can get you a felony conviction and up to 2 years in a State Jail Facility.  You need the assistance of an attorney to fight criminal charges.  At Galveston Criminal Defense and DWI Attorney's PLLC our attorneys are both former Prosecutors and know how to attack the weaknesses in a Possession of a Controlled Substance case.  Penalty Group 1 substances are particularly addictive. 

PUNISHMENT RANGE: State Jail Felony 6 months - 2 years in a State Jail Facility and up to a $10,000 fine. 

Punishment ranges increase once the State decides to charge Manufacture, Deliver, or Possession with Intent to deliver a controlled substance.  It doesn't take much for the government to file a charge of possession with intent to deliver a controlled substance.  Most cases begin with a search warrant of a home or a traffic stop.  If the police find more than a gram of a controlled substance accompanied by baggies and a scale you may be facing an intent to deliver charge.  Brian Foley is a former Felony Chief Prosecutor and can defend your rights against the government because he knows their playbook.  Luis Baez is a former Felony Assistant District Attorney and has handled hundreds of Drug Charges.  We can help keep you out of jail and fight to get your case dismissed!

In Galveston County, individuals charged with possession of marijuana more commonly face allegations involving quantities ranging from 4 ounces to 5 pounds. Despite facing a felony charge, it's important to recognize that being charged doesn't necessarily equate to being convicted as a felon. Marijuana cases often present opportunities to challenge the probable cause underlying the search that led to the discovery of the substance. Moreover, since 2019, the State of Texas has legalized "industrial hemp," allowing possession of cannabis sativa L. with a THC content of under 0.3%. Successful prosecution of a possession of marijuana case requires the State to demonstrate the THC content through scientific testing. Contact Galveston Criminal Defense and DWI Attorneys PLLC for a complimentary consultation to help you reclaim control of your life.