Being arrested for drug possession in Arlington, Texas can turn your life upside down in minutes. Texas drug laws are among the strictest in the nation, with even small amounts of controlled substances potentially resulting in felony charges that carry years in prison and thousands of dollars in fines. A drug possession conviction can affect your ability to get a job, secure housing, obtain student loans, and maintain professional licenses.
At the Law Offices of Richard C. McConathy, our Arlington drug possession attorneys have defended thousands of clients facing drug charges throughout Tarrant County. We understand the local court system, prosecutors, and most importantly, we know how to build winning defenses that protect your future.
Don't face drug possession charges alone. Contact our experienced Arlington criminal defense legal team today at (972) 597-2037 for a free consultation.
What to Do If You're Arrested for Drug Possession in Arlington
The moments following a drug possession arrest are critical to your case. Many people unknowingly damage their defense by making crucial mistakes during this vulnerable time. Here's what you need to do immediately:
- Exercise your right to remain silent – Anything you say can be used against you, even seemingly innocent explanations
- Request an attorney immediately – Don't answer questions until your lawyer is present
- Do not consent to any searches – Police need either a warrant or probable cause; don't give up your constitutional rights
- Document everything you remember – Write down the details of your arrest as soon as possible
- Avoid discussing your case with anyone except your attorney
- Don't post about your arrest on social media – Prosecutors monitor these platforms
📞 Time is critical in drug cases. Call (972) 597-2037 immediately after your arrest to speak with an Arlington drug crime lawyer.
Understanding Texas Drug Possession Charges
Texas law defines possession in two ways: actual possession (drugs found on your person) and constructive possession (drugs found in an area under your control, like your car or home). You can be charged with possession even if the drugs weren't physically on you.
The Texas Health and Safety Code categorizes controlled substances into penalty groups:
Penalty Group 1: Cocaine, heroin, methamphetamine, opioids like oxycodone and fentanyl
Penalty Group 2: Ecstasy (MDMA), PCP, amphetamines, hashish
Penalty Group 3: Prescription medications like Xanax, Valium, Ritalin (when possessed without a prescription)
Penalty Group 4: Compounds containing small amounts of narcotics mixed with non-narcotic substances
Prescription medications can result in serious charges if you can't prove you have a valid prescription or possess more than prescribed.
Penalties for Drug Possession in Arlington
The consequences of a drug possession conviction in Texas depend on the type and amount of substance involved:
Misdemeanor Possession Charges
Class B Misdemeanor (Marijuana under 2 ounces):
- Up to 180 days in jail
- Fines up to $2,000
- Driver's license suspension up to 6 months
Class A Misdemeanor (Marijuana 2-4 ounces, small amounts of Penalty Group substances):
- Up to 1 year in county jail
- Fines up to $4,000
- License suspension up to 2 years
Felony Drug Charges
State Jail Felony (Penalty Group 1 substances under 1 gram):
- 180 days to 2 years in state jail
- Fines up to $10,000
- Loss of voting rights and gun ownership
Third-Degree Felony (Penalty Group 1 substances 1-4 grams):
- 2-10 years in prison
- Fines up to $10,000
- Lifetime consequences for housing and employment
Enhanced penalties apply for repeat offenders, with previous convictions potentially doubling sentences.
Defenses Our Arlington Drug Possession Attorneys Use
With over 35 years of combined experience, our legal team has successfully challenged drug possession cases using proven defense strategies:
- Fourth Amendment violations – If police conducted an illegal search or seizure, evidence can be suppressed
- Lack of knowledge or intent – The prosecution must prove you knew the drugs were there and illegal
- Valid prescription defense – Demonstrating legitimate medical authorization for controlled substances
- Lab analysis errors – Crime labs make mistakes; we scrutinize testing procedures and chain of custody
- Entrapment – When law enforcement induces someone to commit a crime they wouldn't normally commit
- Insufficient evidence – Challenging the prosecution's ability to prove possession beyond reasonable doubt
- Miranda rights violations – Statements made without proper warnings may be inadmissible
Our legal team has extensive experience challenging drug possession cases through various defense strategies, including questioning the legality of traffic stops, reviewing dash cam footage for constitutional violations, and obtaining medical records to support valid prescription defenses.
Why Choose Our Drug Crime Lawyers in Arlington?
Deep Local Knowledge
Our attorneys appear regularly in Tarrant County criminal courts and have established relationships with prosecutors and judges. This familiarity with local procedures often leads to more favorable outcomes.
Personalized Attention
Unlike high-volume firms, we limit our caseload to ensure every client receives dedicated attention and a customized defense strategy.
Proven Track Record
We've handled over 6,000 criminal cases, with 300+ dismissals or "not guilty" verdicts. Our experience includes everything from simple marijuana possession to complex federal drug trafficking cases.
Types of Drug Possession Cases We Handle
We defend clients facing charges involving:
Marijuana Possession
Despite changing attitudes toward cannabis, Texas law remains strict. We handle cases from small personal-use amounts to larger quantities that prosecutors claim indicate intent to distribute.
Prescription Drug Charges
The opioid crisis has led to increased prosecutions for prescription drug possession, including:
- Opioids (oxycodone, hydrocodone, fentanyl)
- Benzodiazepines (Xanax, Valium, Ativan)
- Stimulants (Adderall, Ritalin)
Controlled Substances
We handle serious felony cases involving cocaine, methamphetamine, heroin, MDMA/Ecstasy, and synthetic drug charges.
Juvenile Drug Possession
When minors face drug charges, the stakes include future educational and career opportunities. We work to minimize long-term consequences through juvenile court proceedings.
Intent to Distribute or Manufacture
These charges carry much harsher penalties than simple possession. We challenge evidence used to prove intent, such as scales, packaging materials, or large amounts of cash.
Arlington Court System and Procedures
Drug possession cases in Arlington are handled at specific locations depending on the charges:
Tarrant County Criminal Courts
Address: 401 W Belknap St, Fort Worth, TX 76196
Parking: Public parking garage adjacent to courthouse ($8/day), street parking limited
Security: Allow extra time for metal detectors and bag screening
Arlington Municipal Court
Address: 101 W Abram St, Arlington, TX 76010
Parking: Free parking available in city hall lot behind building
Hours: Monday-Friday 8:00 AM - 5:00 PM
What to Expect at Your Arraignment
Your first court appearance will likely be at the Tim Curry Criminal Justice Center in Fort Worth. Here's what happens:
- Check-in at the clerk's office on the first floor
- Docket call typically begins at 9:00 AM sharp
- Plea entry - we'll advise you to plead not guilty to preserve all options
- Bond conditions review if you're released on bond
- Next court date scheduling
Pro tip: Arrive 30 minutes early and dress professionally. The courthouse is located near the Fort Worth Stockyards, so expect heavy traffic during tourist season.
Local Bond Information
Most Arlington drug possession arrests are processed through:
Tarrant County Jail
Address: 350 W Belknap St, Fort Worth, TX 76102
Booking time: 4-8 hours typically
Bond amounts: Vary from $1,500 (marijuana) to $10,000+ (felony possession)
We work with reputable local bondsmen and can often expedite release through the Tarrant County Pretrial Services program.
Potential Outcomes of a Drug Case
Best-Case Scenarios
- Complete dismissal due to illegal search or insufficient evidence
- Pre-trial diversion allowing charges to be dismissed upon completion of community service or education programs
- Drug court participation instead of traditional prosecution
- Reduced charges from felony to misdemeanor through negotiation
Alternative Resolutions
- Probation instead of jail time with conditions like drug testing and community service
- Deferred adjudication where successful completion of probation results in no final conviction
- Plea to lesser charges minimizing long-term consequences
Trial Victories
When cases go to trial, we've achieved not guilty verdicts in numerous drug possession cases by challenging evidence and witness testimony.
| Case Type | Typical First-Time Penalty | Possible Alternative |
|---|---|---|
| Marijuana < 2oz | Up to 180 days jail | Diversion program, probation |
| Prescription drugs | State jail felony | Drug court, reduced charges |
| Cocaine < 1g | 180 days - 2 years | Probation, treatment program |
| Repeat offense | Enhanced penalties | Negotiated plea, rehabilitation |
What Sets Our Arlington Drug Lawyers Apart?
Immediate Response
We're available 24/7 for arrest situations. Early intervention often prevents prosecutors from filing the most serious charges possible.
Trial Experience
While many attorneys avoid trial, we're experienced trial lawyers who aren't afraid to take your case to a jury when that's the best option.
Client Education
We ensure you understand every aspect of your case, from the charges you're facing to potential consequences and available defense options.
The McConathy Law Advantage
Richard C. McConathy has been practicing criminal law for over 35 years and is a Board Certified Criminal Law Specialist—a distinction held by fewer than 1% of Texas attorneys. This specialized certification demonstrates our commitment to excellence in criminal defense.
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Drug Crimes FAQ
What constitutes drug possession in Texas?
Texas Penal Code § 1.07(39) defines possession as “actual care, custody, control, or management.” In most cases, possession is considered either actual or constructive.
What is the difference between actual possession and constructive possession?
Actual possession involves drugs being found on the person of an alleged offender, whether the drugs are in their hands, pockets, or a purse or backpack. Constructive possession involves drugs being found in a place in which multiple people had access. A person can be charged with a drug crime based on constructive possession when authorities believe the alleged offender was the person who was the owner of the drugs involved.
What are Drug Penalty Groups?
Drug Penalty Groups are established in the Texas Controlled Substances Act to classify certain groups of drugs. The Drug Penalty Groups include Penalty Group 1 under Texas Health and Safety Code § 481.112 which includes oxycodone, methamphetamine, heroin, hydrocodone, cocaine, gamma-hydroxybutyric acid (GHB), and other opiates, Penalty Group 1-A under Texas Health and Safety Code § 481.1121 which includes Lysergic Acid Diethylamide (LSD) and its salts, isomers, and salts of isomers, and other compounds, Penalty Group 2 or 2-A under Texas Health and Safety Code § 481.113 which includes amphetamine, 3,4-methylenedioxy-methamphetamine (MDMA, Ecstasy, or Molly), psilocybin (magic mushrooms), methaqualone, and other hallucinogens, and Penalty Group 3 or 4 under Texas Health and Safety Code § 481.114 which includes halazepam, zolpidem, ketazolam, alprazolam, lorazepam, tetrazepam, flurazepam, clonazepam, lysergic acid including its salts, isomers, and salts of isomers, secobarbital, fludiazepam, clorazepate, medazepam, diazepam, and pentobarbital.
Is marijuana still illegal in Texas?
The Texas Tribune reported in June 2015 that Governor Greg Abbott signed the Texas Compassionate Use Act, also known as Senate Bill 339, legalizing low-THC cannabis oils as treatment for certain medical conditions. “I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medicinal purposes,” Abbott said before the signing, according to the Tribune. “As governor, I will not allow it; SB 339 does not open the door to marijuana in Texas.” The Texas Tribune also reported in July 2019 that prosecutors across Texas had dropped hundreds of low-level marijuana charges and indicated they would not pursue new ones without further testing because of a new law that legalized hemp and hemp-derived products, like CBD oil. An unintended consequence of the hemp law is it effectively decriminalized marijuana because many state agencies do not have the testing needed to distinguish legal hemp from illegal marijuana.
How will a drug crime conviction affect my job?
Your employer has the ability to review your criminal record and you could indeed face possible job loss if the employer deems a drug conviction to be a fireable offense. Not all employers necessarily learn about drug charges, however. You can often give yourself the greatest employment protection by fighting your criminal charges to achieve a resolution other than a conviction that will not cause as many problems.
What are the other consequences of a drug crime conviction?
Drug crime convictions will appear on criminal records and can impact far more than just your job status. When you are applying for an apartment or housing, the landlord could very well use your drug conviction against you and make it the basis for a denial. Similarly, people who are applying for professional licensing can also face similar struggles in gaining approval because of drug convictions. Students at colleges can also face discipline from their institutions for certain drug crimes.
Does a drug crime affect my driver’s license status?
Yes. The Texas Department of Public Safety (DPS) states that if you are convicted of a drug crime, your driver license will be suspended for 180 days, You could also be required to complete a 15-hour class in an authorized Drug Education Program, pay a $100 Reinstatement fee in addition to any other outstanding fees owed, and obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company that must be maintained for two years from the date of conviction. If you did not have a driver’s license at the time of a drug crime, you could be denied the issuance of a driver license for 180 days.
When are police allowed to search my motor vehicle?
Police officers typically must have a warrant to search you or your property. When it comes to a traffic stop, an officer only needs to have probable cause to search your vehicle. In many cases, the alleged odor of marijuana is frequently cited as the basis for a motor vehicle search. You always have the right to clearly state that you do not consent to any search. When you do not consent to a search and police find drugs in your vehicle, an attorney may be able to claim that the search violated your Fourth Amendment rights and seek to have the criminal charges dismissed.
Can a person be charged with driving while intoxicated (DWI) for allegedly being under the influence of drugs?
Absolutely. While DWI is commonly associated with alcohol, a person can be arrested for being intoxicated by drugs as well. Keep in mind that intoxicated is defined by Texas Penal Code § 49.01(2) as meaning having an alcohol concentration of 0.08 or more but also “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.” When a police officer suspects a driver is under the influence of drugs, a “drug recognition expert” will usually be summoned to complete a series of tests to determine if an alleged offender is impaired by drugs. Drug recognition experts typically follow the same 12-step process, which is a breath alcohol test, an interview of the arresting officer, a preliminary examination and first pulse, an eye examination, divided attention psychophysical tests, vital signs and second pulse, dark room examinations, an examination for muscle tone, a check for injection sites and third pulse, the subject’s statements and other observations, an analysis and opinions of the evaluator, and a toxicological examination. This process is clearly flawed since the interview of the arresting officer is the second step in the process and the subsequent tests often serve to act as more of a confirmation bias.
Can drug crime convictions be sealed or expunged in Texas?
Possibly. Expungement (or expunction) is only available to people who were acquitted of the crimes for which they were charged, were convicted but subsequently found to be innocent, were convicted but were subsequently pardoned, were charged but the case was later dismissed and the statute of limitations has expired, or were arrested but not formally charged. Drug crimes are not included in the possible offenses that prohibit orders of nondisclosure to seal records, so it may be possible to seal a criminal record with a drug conviction.
Arrested for Drug Possession in Arlington? Act Now
Drug possession charges won't go away on their own, and waiting to get help only makes your situation worse. The sooner you contact an experienced Arlington drug possession attorney, the more options you'll have for defending your case.
Don't let a drug possession arrest define your future. Our legal team has the knowledge, experience, and dedication needed to fight for the best possible outcome in your case.
Contact Us Today
📞 Call us now at (972) 597-2037
📍 Serving Arlington, Fort Worth, Dallas, and all of Tarrant County
Free consultations available 24/7