Yes, drug possession charges can be dropped in Texas—but success depends on the strength of your defense, the circumstances of your arrest, and how quickly you act. Texas enforces strict drug laws, and prosecutors pursue these cases aggressively. However, constitutional violations, evidentiary weaknesses, and eligibility for diversion programs create pathways to dismissal.
The key is securing experienced legal representation immediately. Contact the Dallas Drug Defense lawyer for a confidential consultation about your case.
What Happens After a Drug Possession Arrest in Texas?
Understanding the post-arrest process helps you recognize where defense opportunities exist:
After arrest, you’ll be fingerprinted, photographed, and processed. Within 48 hours (excluding weekends and holidays), you’ll appear before a magistrate who reads the charges, informs you of your rights, and sets bond conditions. The prosecutor then reviews evidence to determine whether to file misdemeanor or felony charges based on the Texas Health and Safety Code penalty groups and quantities involved. During discovery, your attorney obtains police reports, lab results, and body camera footage—evidence that often reveals constitutional violations or weaknesses leading to dismissal.
How Can Drug Possession Charges Be Dropped in Texas?
Multiple legal pathways exist for dismissing drug possession charges. Success depends on identifying weaknesses in the state’s case and leveraging them strategically.
Illegal Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures. When law enforcement violates these constitutional protections, any evidence obtained becomes inadmissible through a motion to suppress.
Police need reasonable suspicion to stop your vehicle—minor violations must be legitimate, not pretextual excuses to search for drugs. Search warrants require probable cause supported by specific facts, not generic descriptions or stale information.
Officers must execute warrants properly and cannot exceed their scope. You have the right to refuse consent searches without providing a reason. Coerced consent or searches extending beyond agreed boundaries violate your rights. When courts grant suppression motions, prosecutors often dismiss charges due to lack of admissible evidence.
Lack of Probable Cause
Arrests based on hunches, uncorroborated anonymous tips, or misidentified substances fail the probable cause standard. Your attorney examines whether officers had sufficient facts before arrest.
Vague suspicions or assumptions don’t constitute probable cause—merely being present where drugs were found doesn’t establish your knowledge or control. Field tests produce false positives, and without confirmation from an accredited laboratory, the prosecution cannot prove the substance was actually controlled.
Insufficient Evidence
Evidence must be tested by an accredited lab to confirm it contains a controlled substance. Missing lab reports, delayed testing, or inconclusive results undermine the prosecution’s case. Actual possession means drugs were found on your person. Constructive possession requires proving you knew about the drugs and had control over them.
When drugs are found in shared spaces like vehicles with multiple occupants or common areas, establishing your exclusive control becomes difficult. Additionally, weight determines whether you face misdemeanor or felony charges—inaccurate measurements, inclusion of packaging weight, or moisture content can inflate charges.
Chain of Custody Problems
Every person handling evidence must document the transfer, storage conditions, and their actions. Missing signatures, incomplete logs, or unexplained gaps create reasonable doubt about whether evidence was tampered with, contaminated, or misidentified.
Evidence rooms must maintain secure storage—breaches in security, commingled evidence, or unauthorized access compromise integrity. Lab technicians must follow established procedures, and deviations raise contamination concerns.
Diversion Programs and First-Time Offender Options
Pretrial diversion programs typically require first-time offender status, substance abuse treatment completion, community service, regular drug testing, and payment of fees. Successful completion results in dismissal of charges, positioning you for expunction.
Unlike pretrial diversion, deferred adjudication involves a guilty plea. The judge defers finding you guilty and places you on probation. If you successfully complete probation terms, the case is dismissed—but this is not the same as a dismissal because the arrest remains on your record unless you obtain a non-disclosure order.
Dallas County and surrounding areas operate drug courts providing intensive supervision, treatment, and support services. These programs last 12-24 months and require strict compliance. Graduation results in dismissal.
| Option | Eligibility | Outcome | Record Impact |
|---|---|---|---|
| Pretrial Diversion | First-time offenders, non-violent cases | Charges dismissed upon completion | Eligible for expunction |
| Deferred Adjudication | Case-by-case basis, requires guilty plea | Dismissed if probation completed | Eligible for non-disclosure, not expunction |
| Drug Court | Substance abuse assessment required | Dismissed upon graduation | Eligible for expunction |
Can First-Time Drug Offenses Be Dismissed in Texas?
First-time offenders often receive more favorable treatment, but dismissal isn’t automatic. Your criminal history significantly impacts options—a clean record demonstrates minimal public safety risk, though prior arrests may affect prosecutorial discretion.
Texas divides controlled substances into penalty groups based on danger, medicinal value, and abuse potential. Possession of less than one gram from Penalty Group 1 (cocaine, methamphetamine, heroin) is a state jail felony carrying 180 days to 2 years. Larger quantities escalate to third, second, or first-degree felonies with significantly harsher penalties.
Dallas, Collin, Denton, and Tarrant counties each maintain distinct policies regarding first-time offenders. Some prioritize treatment over incarceration; others take harder stances. Demonstrating commitment to sobriety through voluntary treatment, Narcotics Anonymous attendance, or substance abuse counseling strengthens your case.
What Factors Affect Whether Charges Get Dropped?
Several factors influence prosecutorial decisions:
- Criminal history: Prior drug convictions reduce dismissal likelihood
- Quantity: Small amounts suggest personal use; larger quantities imply distribution
- Substance type: Marijuana under four ounces (Class B misdemeanor) may be dismissed more easily than cocaine or methamphetamine felonies
- Arrest location: Drug-free zones within 1,000 feet of schools trigger enhanced penalties making dismissal less likely
- Legal representation: Attorneys who understand Texas drug laws, local prosecutors, and procedural defenses identify dismissal opportunities others miss
While cooperation with law enforcement occasionally results in dismissals, never speak to police without an attorney present. Discuss implications thoroughly with your Dallas criminal defense lawyer before proceeding.
What Is the Difference Between Dismissal, Deferred Adjudication, and Expunction?
Dismissal means the prosecution drops charges or the court grants a defense motion. No conviction occurs, though the arrest remains on your record until expunged. Dismissals based on constitutional violations or completion of pretrial diversion position you well for expunction.
Deferred Adjudication requires pleading guilty, but the judge defers finding you guilty and places you on probation. Successful completion results in dismissal—however, you entered a guilty plea that remains in court records. Deferred adjudication does NOT qualify for expunction, only non-disclosure orders that seal but don’t erase your record.
Expunction erases your arrest from official records as if it never occurred. You can legally deny the arrest’s existence on applications and questionnaires. You may qualify if charges were dismissed, you were acquitted, you completed pretrial diversion, or you were arrested but never charged. Expunction is NOT available for deferred adjudication or convictions.
| Resolution Type | Conviction? | Public Record? | Future Opportunities |
|---|---|---|---|
| Dismissal | No | Yes, until expunged | Eligible for expunction |
| Deferred Adjudication | No (technically), but guilty plea entered | Yes, unless sealed | Eligible for non-disclosure, NOT expunction |
| Expunction | N/A (removes record) | No—record destroyed | Clean record as if arrest never occurred |
Why Early Legal Intervention Matters
Body camera footage, dash cam videos, and surveillance recordings are often overwritten within 30-90 days unless preserved. Your attorney must act quickly to send preservation letters. Courts impose strict deadlines for filing suppression motions—missing them eliminates your ability to challenge illegal searches even when police clearly violated your rights.
Prosecutors sometimes initially file lower charges pending lab results, then upgrade misdemeanors to felonies once testing confirms substance and quantity. Early intervention allows negotiation before enhancements occur. Drug arrests also jeopardize professional licenses for nurses, teachers, and commercial drivers—prompt resolution protects your livelihood.
Since 2002, we’ve successfully defended over 6,000 criminal cases. Our experience handling drug and narcotics charges across Dallas County gives us deep insight into what works. In one recent case, our client faced felony possession charges after police found cocaine in his vehicle. We obtained dash cam footage showing the officer lacked reasonable suspicion and exceeded the traffic stop’s scope. We filed a motion to suppress, and the prosecutor dismissed all charges before the hearing.
When Should You Contact a Drug Possession Lawyer?
Contact an attorney immediately after arrest—before speaking to police, prosecutors, or posting on social media.
⚖️ Avoid These Common Mistakes:
- Answering police questions without counsel
- Consenting to vehicle, home, or phone searches
- Discussing your case over recorded jail phone lines
- Posting about the arrest on social media
- Missing court dates or violating bond conditions
- Waiting weeks to hire an attorney
With over three decades of experience, our team has successfully dismissed over 1,000 cases in the Dallas-Fort Worth area. We understand prosecution techniques, scientific weaknesses in evidence, and investigative deficiencies—all of which can be leveraged to your advantage. When your freedom and future are at stake, you need a criminal defense lawyer in Dallas who has the experience necessary to fight for the best outcome.
Facing Drug Possession Charges in Texas? Don’t Wait.
Drug possession charges carry serious consequences affecting your freedom, employment, and future. However, constitutional violations, evidentiary weaknesses, and diversion program eligibility create pathways to dismissal.
Contact the Law Offices of Richard C. McConathy at (972) 528-0116 or through our contact page for a confidential consultation. We’ll review your case, explain your options, and develop a defense strategy focused on dismissal or the most favorable resolution possible.
We serve Dallas, Fort Worth, Irving, Denton, Collin County, and surrounding North Texas communities. Your freedom matters. Let us fight for it.
Frequently Asked Questions
Can a drug charge be dismissed before trial in Texas?
Yes, through several mechanisms. Prosecutors may dismiss charges due to insufficient evidence, constitutional violations, or upon completion of pretrial diversion programs. Your attorney can file motions to suppress illegally obtained evidence or challenge chain of custody problems. First-time offenders may qualify for diversion programs resulting in dismissal upon successful completion.
How long does a drug possession case take in Texas?
Most cases take 6-12 months from arrest to resolution. Misdemeanors in county courts generally resolve faster than felonies. Duration depends on evidence complexity, motion practice, lab testing delays, and court docket congestion. Cases involving suppression motions or expert testimony extend timelines. Pretrial diversion programs typically last 6-12 months before dismissal.
Will a dismissed drug charge stay on my record?
Yes, unless you obtain an expunction. Dismissal means charges were dropped, but the arrest record remains on your criminal history until expunged. This record appears on background checks and can affect employment, housing, and professional licensing. After dismissal, you should immediately consult with an attorney about petitioning for expunction to remove the arrest from all official records. While many dismissed cases qualify for immediate expunction, some circumstances may require waiting periods. The expunction process typically takes 60-120 days once filed. Once granted, you can legally deny the arrest occurred. We assist clients with expunction petitions after securing dismissals.
Can first-time drug charges be expunged in Texas?
Yes, if charges are dismissed or you’re acquitted at trial. Expunction also applies to arrests not resulting in charges and completed pretrial diversion programs. However, you cannot expunge deferred adjudication cases—you entered a guilty plea, making you ineligible for expunction though you may qualify for a non-disclosure order. Convictions cannot be expunged.
What if the drugs weren’t mine?
You may still face charges under constructive possession laws. While actual possession means drugs were found on your person, constructive possession requires prosecutors to prove you knew about the drugs and could control them. When drugs are found in shared spaces—vehicles with passengers or common areas in homes—establishing your exclusive possession becomes difficult. Your attorney challenges this by showing multiple people had access, you lacked knowledge, or you couldn’t control the area where drugs were found.