Challenging Drug Possession Charges in Texas

Setra Law Firm, PC defends clients in San Antonio charged with drug possession by challenging search procedures and filing suppression motions.

Drug possession charges in San Antonio can result from traffic stops, search warrants, or arrests in public places. These cases often hinge on whether law enforcement had the legal authority to search your vehicle, your home, or your person. If the search was unlawful or if the evidence was obtained through coercion or deception, your attorney can file a motion to suppress that evidence, which may lead to a dismissal of the charge. The outcome depends on the facts of the stop, the testimony of the officers involved, and the quality of your defense.

Setra Law Firm, PC represents clients charged with possession of controlled substances under Texas law, including marijuana, cocaine, methamphetamine, prescription drugs, and other illegal substances. The firm reviews dashcam footage, body camera recordings, and police reports to identify constitutional violations. Defense strategies include challenging the legality of the traffic stop, questioning the validity of consent to search, and arguing that the drugs did not belong to the client or were not in their knowing possession. The goal is to protect your record and avoid a conviction that affects employment, licensing, and future opportunities.

If you were arrested for drug possession in San Antonio, contact Setra Law Firm, PC to review your case and explore your legal options.

How Possession Cases Are Investigated and Challenged

Your attorney will begin by reviewing the circumstances of the arrest in San Antonio, including the reason for the traffic stop, the officer's stated basis for probable cause, and whether you were informed of your rights. If the stop was pretextual or if the officer exceeded the scope of a lawful search, your attorney can file a motion to suppress the evidence. Suppression hearings allow your attorney to cross-examine officers and challenge their version of events.

After the motion is filed, you will see whether the court suppresses the evidence or allows it to be used at trial. If the evidence is suppressed, the state often dismisses the charge because they cannot prove possession without it. If the evidence is admitted, your attorney can still challenge the state's proof that you knowingly possessed the substance or intended to distribute it.

The firm also advises clients on the difference between simple possession and possession with intent to deliver, which carries harsher penalties and requires the state to prove additional elements. In some cases, the amount, packaging, or presence of scales or cash can lead to enhanced charges. Your attorney will argue against those enhancements and work to reduce the charge to the lowest offense level supported by the evidence.

People charged with drug possession often ask whether the case will be dismissed, how the charge will affect their record, and what defenses are available. These are practical concerns that depend on the specifics of the arrest and the evidence collected.

What Clients Want to Know About Possession Charges

Possession means you had the substance for personal use. Intent to deliver means the state believes you planned to sell or distribute it, based on the amount, packaging, or other evidence. Intent to deliver carries more severe penalties.
What is the difference between possession and intent to deliver?
Officers may stop your vehicle for a traffic violation and then claim they smelled marijuana or saw something in plain view. If they search your car and find drugs, you can be charged. Your attorney can challenge whether the stop and search were lawful.
How can a traffic stop lead to a possession charge?
You can argue that you did not know the drugs were in the car or on your person, or that they belonged to someone else. The state must prove you knowingly possessed the substance, and your attorney can challenge that proof.
What happens if the drugs were not mine?
Can a possession charge be dismissed?
Yes, if the evidence was obtained through an illegal search or if the state cannot prove you knowingly possessed the drugs. Your attorney can file a motion to suppress the evidence, and if successful, the charge may be dismissed.
A conviction creates a permanent criminal record that can affect employment, housing, and professional licensing. In some cases, you may qualify for deferred adjudication or pretrial diversion, which can keep the conviction off your record if you complete the program.
How does a possession conviction affect my record?

Setra Law Firm, PC understands how local courts in San Antonio handle possession cases and works to protect your record and future opportunities. If you were charged with drug possession, reach out to the firm to begin building your defense.