Being charged with drug possession in Plano can feel overwhelming and terrifying. Texas takes drug crimes seriously, and even a minor possession charge can result in jail time, hefty fines, and a permanent criminal record that affects employment, housing, and future opportunities.
At the Law Offices of Richard C. McConathy, we have over 35 years of experience defending clients against drug possession charges in Plano and throughout Collin County.
Our team, led by a seasoned criminal defense lawyer in Plano, offers the insight and dedication needed to build a strong, effective defense.
Time is critical when facing drug charges. Contact our Plano drug possession lawyer today for a free consultation at (972) 528-0478.
Understanding Drug Possession Charges in Plano, TX
Under the Texas Controlled Substances Act (Chapter 481 of the Texas Health and Safety Code), drug possession occurs when someone knowingly or intentionally possesses a controlled substance without a valid prescription. Texas law recognizes two types of possession:
Actual Possession: The drugs are found directly on your person (in your pocket, purse, or hand).
Constructive Possession: The drugs are found in an area under your control, such as your car, home, or locker, and you had knowledge of their presence.
The prosecution must prove both knowledge and intent to secure a conviction. This creates opportunities for our defense team to challenge the charges, especially in constructive possession cases where multiple people may have had access to the location where drugs were found.
Texas Drug Penalty Groups
Texas classifies controlled substances into penalty groups that determine the severity of charges:
| Penalty Group | Examples | Common Charges |
|---|---|---|
| Group 1 | Cocaine, heroin, methamphetamine, LSD | Felony charges with severe penalties |
| Group 1-A | LSD (liquid form) | Enhanced felony penalties |
| Group 2 | Ecstasy, PCP, amphetamines | State jail to first-degree felony |
| Group 3 | Xanax, Ritalin, codeine (< 90mg) | Class A misdemeanor to third-degree felony |
| Group 4 | Prescription medications not in other groups | Class B misdemeanor to third-degree felony |
| Marijuana | Cannabis products | Class B misdemeanor to felony |
Types of Drug Possession Cases We Handle
Misdemeanor Drug Possession
Small amounts of marijuana (less than 2 ounces) and certain quantities of penalty group 3 or 4 substances typically result in misdemeanor charges. While these may seem “minor,” a conviction still creates a permanent criminal record that can impact:
- Employment opportunities
- Professional licensing
- College admissions
- Housing applications
- Immigration status
Our team works aggressively to seek dismissals, reduced charges, or diversion programs that can help you avoid a conviction.
Felony Drug Possession
Felony drug possession charges involve penalty group 1 substances like cocaine, heroin, or methamphetamine, or larger quantities of other controlled substances. These charges carry severe consequences including:
- State jail time or lengthy prison sentences
- Fines up to $10,000 or more
- Loss of voting rights and professional licenses
- Difficulty finding employment or housing
Prescription Drug Possession
Possessing prescription medications without a valid prescription has become increasingly common. This includes popular drugs like:
- OxyContin and other opioid painkillers
- Xanax and other benzodiazepines
- Adderall and other ADHD medications
- Codeine-based cough syrups
Defense Strategy: We often challenge prescription drug cases by investigating whether our client had a legitimate prescription from another doctor or whether the medication was legally obtained but improperly stored.
Possession with Intent to Distribute
When law enforcement believes someone possessed drugs for sale rather than personal use, they may file the more serious charge of possession with intent to distribute. Prosecutors look for evidence such as:
- Large quantities of drugs
- Individual packaging or baggies
- Scales, measuring devices
- Large amounts of cash
- Text messages suggesting sales
Penalties for Drug Possession in Plano
Texas drug possession penalties vary significantly based on the type and amount of substance involved:
Misdemeanor Penalties
- Class C Misdemeanor: Fine up to $500 (marijuana paraphernalia)
- Class B Misdemeanor: Up to 180 days jail, fine up to $2,000 (< 2 oz marijuana)
- Class A Misdemeanor: Up to 1 year jail, fine up to $4,000 (small amounts Group 3/4)
Felony Penalties
- State Jail Felony: 180 days to 2 years state jail, fine up to $10,000
- Third-Degree Felony: 2-10 years prison, fine up to $10,000
- Second-Degree Felony: 2-20 years prison, fine up to $10,000
- First-Degree Felony: 5-99 years prison, fine up to $10,000
Additional Consequences
Beyond criminal penalties, drug convictions can result in driver’s license suspension (even if not driving-related), loss of federal student aid eligibility, exclusion from public housing, immigration consequences for non-citizens, and difficulty obtaining professional licenses.
💡 Important: First-time offenders may be eligible for diversion programs or deferred adjudication, which can help avoid a permanent conviction.
Legal Defenses We Use in Drug Possession Cases
Our experienced Plano criminal defense lawyers employ various defense strategies based on the specific facts of your case:
Unlawful Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement violated your constitutional rights, we can file a motion to suppress evidence, which may result in dismissal of charges. Common violations include:
- Traffic stops without reasonable suspicion
- Searches without a warrant or valid exception
- Exceeding the scope of a consent search
- Improperly obtained search warrants
Lack of Knowledge or Intent
For possession of controlled substances, prosecutors must prove you knowingly and intentionally possessed the drugs. This defense is particularly effective when:
- Drugs were found in a shared space
- Multiple people had access to the area
- The drugs belonged to someone else
- You borrowed a car containing drugs
Medical or Prescription Defense
If you possessed prescription medication legally prescribed to you, this provides a complete defense. We investigate:
- Valid prescriptions from licensed physicians
- Medication prescribed for legitimate medical conditions
- Proper labeling and storage requirements
Entrapment by Law Enforcement
If police officers induced you to commit a crime you wouldn’t have otherwise committed, you may have an entrapment defense. This typically involves undercover operations where law enforcement goes beyond simply providing an opportunity to commit a crime.
Why You Need a Plano Drug Possession Attorney
Understanding the Local Court Process
If arrested for drug possession in Plano, you’ll initially be processed at the Plano Police Department (909 14th Street) before being transported to the Collin County Detention Facility (4300 Community Ave, McKinney, TX 75071). The jail can be reached at (972) 547-5200 for inmate information and bond status.
🏛️ Court Locations:
Class C Misdemeanor Drug Cases: Raymond Robinson Justice Center (900 E 15th Street, Plano, TX 75074).
Court Hours: Monday/Wednesday/Friday: 7:30 AM – 4:30 PM, Tuesday: 7:30 AM – 5:30 PM, Thursday: 8:30 AM – 4:30 PM. Phone: (972) 941-2199. Limited street parking available – arrive 15 minutes early for security screening.
Higher-Level Misdemeanors & Felonies: Russell A. Steindam Courts Building (2100 Bloomdale Road, McKinney, TX 75071).
Court Hours: Monday-Friday, 8:00 AM – 4:30 PM. Phone: (972) 548-4100. Free parking in Collin County Administration Building lot. From Plano: Take US-75 North, exit Bloomdale Road (42B).
Why Local Knowledge Matters
Our extensive experience in both court systems means we understand arraignment processes (typically within 48-72 hours), bond considerations (usually $500-$5,000 for misdemeanors), local prosecutor approaches, and court procedures. This knowledge allows us to develop case-specific defense strategies.
Early Intervention and Avoiding Harsh Penalties
The sooner you contact us, the better we can protect your rights. Early legal intervention allows us to prevent damaging statements, preserve evidence, interview witnesses, file time-sensitive motions, and begin plea negotiations immediately.
Our goal is achieving the best possible outcome, which may include complete dismissal of charges, reduced charges to lesser offenses, diversion programs that avoid conviction, deferred adjudication probation, or minimized jail time and fines.
Track Record: Our firm has extensive experience handling drug possession cases in Collin County, consistently achieving favorable outcomes for our clients through aggressive defense strategies and thorough case preparation.
Our Firm’s Approach to Drug Crime Defense
We begin every case with comprehensive investigation including police report analysis for inconsistencies and constitutional violations, evidence examination of chain of custody and testing procedures, witness interviews, and video review of body camera, dash cam, and surveillance footage.
No two cases are identical. We develop defense strategies based on your arrest specifics, criminal history, prosecution evidence strength, and personal circumstances. When constitutional violations occur, we file aggressive motions to suppress evidence or dismiss charges. While many cases resolve through negotiation, we’re always prepared for trial, giving us leverage in negotiations.
Hypothetical Scenarios: Understanding Drug Possession Defense
Scenario 1: Traffic Stop and Vehicle Search
A driver is stopped for speeding on US-75 through Plano. During the stop, the officer claims to smell marijuana and searches the vehicle, finding a small bag of cocaine in the glove compartment. The driver states the car belongs to his roommate.
🛡️ Potential Defenses:
- Challenge the validity of the traffic stop
- Question whether the officer actually detected marijuana odor
- Argue lack of knowledge or constructive possession
- Investigate the roommate’s potential ownership
Scenario 2: Prescription Medication Without Bottle
A college student is arrested at a Plano restaurant with Adderall pills in her purse that aren’t in the original prescription bottle. She explains she transfers them to a weekly pill organizer but left the prescription bottle at home.
🛡️ Potential Defenses:
- Obtain prescription records proving legitimate medical use
- Challenge the arrest if no other evidence of criminal intent
- Argue the medication was legally possessed despite improper storage
Scenario 3: Apartment Search Warrant
Police execute a search warrant at a Plano apartment complex and find marijuana in a shared living area. Three roommates are present, and all are charged with possession.
🛡️ Potential Defenses:
- Challenge the validity of the search warrant
- Argue lack of individual knowledge or control
- Investigate which roommate actually owned the marijuana
- Examine the scope of the warrant and whether it was exceeded
Drug possession charges in Plano require immediate, experienced legal representation. Don’t let a drug charge destroy your future – we’re here to fight for your rights and freedom.
🚨 Contact us now for your free, confidential consultation:
- Call: (972) 528-0478
- Office Locations:
- 5055 W Park Blvd #400, Plano, TX 75093
- 5700 Granite Pkwy Suite 200, Plano, TX 75024
- Available 24/7 for emergency arrests
- Free initial consultation
- Payment plans available
📍 Convenient Plano Locations: Our offices are strategically located near major Plano thoroughfares including Dallas North Tollway, US-75, and Park Boulevard.
Your future is too important to leave to chance. Contact the Law Offices of Richard C. McConathy today – because everyone deserves a fierce advocate in their corner.
Frequently Asked Questions
Is drug possession a felony in Texas?
Drug possession can be either a misdemeanor or felony in Texas, depending on the type and amount of substance involved. Marijuana possession under 2 ounces is typically a Class B misdemeanor, while possession of penalty group 1 substances (cocaine, heroin, methamphetamine) usually results in felony charges regardless of amount.
What should I do after being arrested for drug possession in Plano?
Exercise your right to remain silent and request an attorney immediately. Do not discuss your case with police officers, jail staff, or other inmates. Contact our office as soon as possible at (972) 528-0478 for emergency legal assistance.
Can I get my drug charges dismissed?
Yes, drug charges can be dismissed under various circumstances including:
- Constitutional violations during the arrest or search
- Insufficient evidence to prove knowledge or intent
- Lab testing errors or chain of custody issues
- Prosecutorial discretion based on case circumstances
- Successful completion of diversion programs
Our firm has achieved dismissals in hundreds of drug possession cases through aggressive defense advocacy.
Will a drug conviction stay on my record permanently?
Texas drug convictions can have lifelong consequences, but options may be available to clear your record:
- Deferred adjudication may allow for non-disclosure
- Expunction is possible if charges are dismissed
- Orders of non-disclosure can seal certain records
- Recent changes in marijuana laws may provide relief for some old convictions
How much does it cost to hire a drug possession lawyer?
Our fees vary based on case complexity, but we offer free initial consultations to discuss your situation and provide transparent pricing. Many clients find that hiring an experienced attorney saves money in the long run by avoiding fines, court costs, and the hidden costs of a criminal conviction.