Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
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.
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 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 |
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:
Our team works aggressively to seek dismissals, reduced charges, or diversion programs that can help you avoid a conviction.
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:
Possessing prescription medications without a valid prescription has become increasingly common. This includes popular drugs like:
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.
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:
Texas drug possession penalties vary significantly based on the type and amount of substance involved:
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.
Our experienced Plano criminal defense lawyers employ various defense strategies based on the specific facts of your case:
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:
For possession of controlled substances, prosecutors must prove you knowingly and intentionally possessed the drugs. This defense is particularly effective when:
If you possessed prescription medication legally prescribed to you, this provides a complete defense. We investigate:
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.
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).
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.
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.
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.
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:
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:
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:
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:
📍 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.
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.
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.
Yes, drug charges can be dismissed under various circumstances including:
Our firm has achieved dismissals in hundreds of drug possession cases through aggressive defense advocacy.
Texas drug convictions can have lifelong consequences, but options may be available to clear your record:
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.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
