Skilled Drug Possession Defense Attorneys in San Antonio, Texas

A drug possession charge in Texas can have serious and lasting consequences, even if it is your first offense. The state enforces strict drug laws, and prosecutors work aggressively to secure convictions. A conviction can lead to jail time, heavy fines, a permanent criminal record, and difficulties obtaining employment, housing, or professional licenses.

At Peek Law Group, we understand that not every drug possession charge is justified. Law enforcement often violates constitutional rights, conducts unlawful searches, or misinterprets the facts when making an arrest. Our board-certified criminal defense attorneys in San Antonio have successfully defended individuals accused of misdemeanor and felony drug possession and have helped clients avoid jail time, reduce charges, or have cases dismissed altogether.

If you or a loved one has been arrested for drug possession in Bexar County, you need an experienced defense attorney as soon as possible. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation.

Drug Possession

What is Drug Possession Under Texas Law?

Texas law defines drug possession as knowingly or intentionally having control over an illegal substance. However, prosecutors do not need to prove that drugs were physically found on you to file charges.

There are two types of possession under Texas law:

Actual Possession

Drugs were found in your person, including in your hand, pocket, or bag.
You had direct control over the substance.

Constructive Possession

Drugs were found near you, such as in a car, home, or workplace.
Law enforcement believes you had knowledge of and access to the drugs, even if they were not yours.
Prosecutors may claim you had control over the drugs based on the circumstances.

Many wrongful drug possession charges arise from constructive possession, where innocent individuals are accused because they were simply in the wrong place at the wrong time.

If you are facing drug possession charges in Texas, do not try to handle it alone. An experienced San Antonio drug possession attorney can analyze your case and build a strong defense. Call Peek Law Group at (512) 399-2311 today.

What are the Most Common Types of Drug Possession Charges in Texas?

Drug possession charges in Texas depend on the type of drug and the amount found in possession. The state categorizes drugs into Penalty Groups, with Penalty Group 1 carrying the harshest penalties.

The most common types of drug possession charges Peek Law Group defends against include:

Possession of Controlled Substances

Includes illegal drugs such as:

Cocaine.
Heroin.
Methamphetamine.
Ecstasy (MDMA).
LSD.
Fentanyl.

Possession of Prescription Drugs Without a Prescription

Including:

Oxycodone.
Xanax.
Valium.
Hydrocodone.
Adderall.

Possession of Marijuana

Texas law strictly prohibits marijuana possession, except for limited medical use under the Compassionate Use Program. Even small amounts of marijuana can lead to a criminal charge.

Possession of Drug Paraphernalia

Possessing pipes, bongs, rolling papers, syringes, or baggies may incur additional charges. Law enforcement may try to argue that possession of paraphernalia indicates drug use or intent to distribute.

A drug possession conviction can have serious long-term effects. Our San Antonio criminal defense attorneys fight to reduce charges, negotiate alternatives to jail, or have cases dismissed altogether. Call (512) 399-2311 for a consultation.

What are the Most Common Legal Defenses Against Texas Drug Possession Charges?

At Peek Law Group, we aggressively challenge drug possession charges using proven legal defenses backed by decades of experience and board-certified expertise. Since 1996, our San Antonio criminal defense attorneys have successfully defended individuals facing misdemeanor and felony drug possession charges, ensuring their rights are protected at every stage of the legal process. We bring in-depth legal knowledge, strategic defense tactics, and a relentless commitment to securing the best possible outcome for our clients.

Although all charges and circumstances are unique, common defense strategies for Texas drug possession cases include:

Illegal Search and Seizure

Law enforcement cannot search you, your home, or your vehicle without probable cause or a valid warrant. If evidence was obtained unlawfully, we can file a motion to suppress, which may result in a dismissal of charges.

Lack of Knowledge or Control

If drugs were found in a shared space, we argue that you had no knowledge or control over them. The prosecution must prove you knowingly possessed the drugs—proximity alone is not enough for a conviction.

Lab Testing and Chain of Custody Issues

Drug evidence must be properly tested and documented. If there are gaps in evidence handling, we may challenge the validity of the drug test results.

Violation of Your Rights

If law enforcement coerced you into making statements or violated your Miranda rights, we may seek to exclude evidence from the case.

Entrapment or Police Misconduct

If law enforcement pressured or tricked you into possessing drugs, this may be a valid defense. We investigate whether police engaged in unlawful tactics during your arrest.

A strong legal defense can distinguish between a conviction and a case dismissal. Call Peek Law Group at (512) 399-2311 today to start building your defense.

Can I Be Charged with Drug Possession If the Drugs Were Not Mine?

Many people believe that they cannot be charged with drug possession if the drugs do not belong to them. However, under Texas law, possession does not only mean physically holding drugs—you can be charged with constructive possession, which means you had access to and control over the substance, even if it was not yours.

Prosecutors often try to establish constructive possession in cases where drugs are found in a shared space, such as a vehicle, apartment, or workplace. If law enforcement believes that you know about the drugs and can control them, you can still be charged with a serious drug crime.

Some factors that may lead to drug possession charges include, but are not limited to:

Drugs Found in a Shared Space – If illegal substances are discovered in your car, home, or belongings, police may claim you were in possession even if they were not yours.
Proximity to the Drugs – If drugs are found near you, such as in a vehicle’s center console, glove box, or shared apartment, prosecutors may argue that you had knowledge and access to them.
Your Behavior During the Arrest – If you appear nervous, try to hide evidence, or make inconsistent statements, law enforcement may use this as evidence of guilt.
Statements from Others – If another person claims the drugs were yours, or you made incriminating statements, prosecutors may use this against you.
Presence of Drug Paraphernalia – If officers find pipes, rolling papers, or baggies in your possession, they may argue that you were using or distributing the drugs.

Just because you were near drugs does not mean you are guilty. At Peek Law Group, we use strategic legal defenses to challenge drug possession charges, including:

Lack of Knowledge – If you were unaware of the drugs, we argue that you did not knowingly possess them.
Insufficient Evidence – The prosecution must prove that you had control over the drugs, not just proximity to them.
Illegal Search and Seizure – If police do not have a valid warrant or probable cause, we can challenge the evidence and seek a dismissal of charges.
Mistaken Identity – If law enforcement arrested the wrong person, we can work to prove your innocence through witness testimony and evidence.

Being falsely accused of drug possession can lead to serious criminal consequences. If you have been charged, you need an experienced San Antonio drug crimes defense attorney who can fight the allegations and protect your future. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today.

What Should You Do If You Are Arrested for Drug Possession in Texas?

A drug possession arrest can be overwhelming, but what you do next can significantly impact your case.

The best steps to take after a Texas drug possession arrest include:

Remain Silent

Do not answer police questions or discuss your case without an attorney. Anything you say can and will be used against you in court.

Do Not Consent to a Search

If police ask to search your car or home, you can refuse without a valid warrant. If law enforcement conducts an illegal search, we can challenge the evidence.

Document the Arrest

Write down everything you remember, including the officers involved and how the drugs were found. Identify any witnesses who may help your case.

Contact an Experienced Drug Possession Defense Lawyer

The sooner you hire an attorney, the better your chances of avoiding jail time and a criminal conviction. We can negotiate reduced charges, seek alternative sentencing, or fight for case dismissal.

Our Skilled San Antonio Criminal Defense Lawyer Represents Clients in the Following Practice Areas:

Contact Our Skilled Drug Possession Defense Lawyers in San Antonio, Texas Today

A drug possession conviction can impact your freedom, career, and future opportunities. At Peek Law Group, we provide aggressive legal representation to fight your charges and protect your rights. Whether you are facing a misdemeanor or felony, our board-certified criminal defense attorneys will work tirelessly to secure the best possible outcome for your case.

The sooner you take action, the better your chances of avoiding severe penalties. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today.

In Need of a Drug Possession Defense Lawyer in San Antonio?

Testimonials

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Totally Awesome!!!!

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“I can only be grateful to the entire law firm.”

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This publication is to thank the lawyers Peek and Toland but above all to thank the lawyer Pamela Moreno. This is because even though we had a difficult journey with my immigration court Pamela Moreno and her team were always there every step of the way making sure I was

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“These guys are definitely a team worth bragging about and show passion in their work.”

I have spoken with a few lawyers about my father's immigration case but nobody gave us the customer service like Jeff Peek did. He showed definite interest in our case, something that nobody did, and gave us every possible solution there was regarding it. He made sure that all of

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Teresita and Karina were so great in helping me during my application. I highly recommend this office for anyone who is looking for an immigration office.

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“HIGHLY RECOMMENDED”

They have excellent service. They make sure they are prepared for the courts. They are very professional and patient with customers. Personally, I had little chance of fixing my immigration status, but thanks to them, I managed to do it. HIGHLY RECOMMENDED............

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“Definitely recommend!!”

I want to say thank you to Attorney Pamela Moreno and all staff Peek and Toland for the amazing work they did in my immigration process. They are very nice and kind people. We would choose to work with Pamela Moreno again and recommend Peek and Toland to others. Definitely

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The lawyers of the firm are highly trained, so the attention is extraordinary. My experience with Ms. Teresita Rodríguez was successful. I recommend the office if what you are looking for is a friendly, fast and professional attention.

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“The best in Austin Texas!”

The best in Austin Texas! My case was very difficult don’t want to go to much details but let’s say it was a nightmare. Had already had 2 attorneys before meeting Steve and Andrea. I had almost lost hope in finding anyone who number one were willing to fight. Number

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“We strongly recommend Peek & Toland as a great Immigration Firm.”

We strongly recommend Peek & Toland as a great Immigration Firm. We were advised by their group of attorneys throughout the process of application for my wife's permanent residence. In key moments that we needed advice we were directly advised by Jeff Peek and during the whole process Teresita Rodriguez,

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“...undoubtedly the best Attorneys in Austin!”

I have been a proud client of Peek and Toland since 2014 for both the criminal and immigration sides of the firm and they are undoubtedly the best Attorneys in Austin! Not only are they professional and always available to answer questions, they are also very caring and dedicated to their

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“I highly would recommend Peek & Toland!”

I highly would recommend Peek & Toland! Our immigration lawyer, Pamela Moreno did an amazing job. She would constantly keep us updated, and would explain to us thoroughly the process and the procedures that needed to be done. We are very grateful for their amazing work!

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- Rodrigo B.

“This firm is just fantastic!”

This firm is just fantastic! They helped my husband with some immigration issues that we needed taking care of and I cannot tell you how wonderful they were. The office is so on top of everything and kept us constantly informed about our case. They let us know what we

- Debbie L.

“excelente servicio y atención”

La abogada monica Aguirre ,muy buena abogada .excelente servicio y atención. Recomiendo estos abogados.

- Former Client

“Trust is Key”

Steve and Andrea had always gone the extra mile to make sure I felt safe. I recommend them 100% and more.

- Zapien A.

“Great Immigration Firm”

They explained the process very clearly and were always ready to help us

- Eddie C.

“Constantly Kept Us Updated”

We are very grateful for their amazing work!

- Isela M

“Muchas gracias Pamela, Jeff, Kassandra, y Juan.”

Muchas gracias Pamela, Jeff, Kassandra, y Juan. Fue un largo procesó, muy estresante para la familia el que mi hermano fuera detenido por ICE. Contratamos a Peek and Toland porque nos dijieron que nos podían ayudar, después se complicó la situación por falta de comunicación. Al final, pude encontrar los

- Former Client

“son unos abogados muy profesionales y eficaces y le agradexko mucho a la gran abogada Marisela andrea y todo el equipo muy tenazes y eficientes muchas gracias”

- Former Client

“Maricela Arredondo ,una persona muy confiable me escucho y platique con ella como si fuera mi familia . que Dios bendiga su carrera abogada !!!!”

soy una cliente de los abogados gueros y estoy muy agradecida con ellos porque me quitaron los cargos de violencia domestica que tenia en mi contra , gracias a mi abogada que me represento la srta. Maricela Arredondo ,una persona muy confiable me escucho y platique con ella como si

- Former Client

“Maricela Arredondo ,una persona muy confiable me escucho y platique con ella como si fuera mi familia . que Dios bendiga su carrera abogada !!!!”

- Former Client

“Solo esperar el paso que sigue de verdad muchas gracias”

Les compartimos nuestra gratitud que tenemos con esta firma de abogados Peek & Toland por el trabajo realizado con excelentes resultados y un agradecimiento especia para los abogados que llevaron mi caso desde el principio y el final Marisela el señor Toland Andrea Jarrero Alejandro Juan castro Casandra por su

- Former Client

“hizo un trabajo excepcional..”

la abogada andrea jarrero muy amable desde el principio hasta el final del caso. hizo un trabajo excepcional..

- Former Client

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Our Settlements & Verdicts

Case Won

Issued

Client Granted Permanent Residency

Client Eligible for DACA

Case Won

Client was Awarded with Non-LPR Cancellation

Client Released from Jail

Deportation Avoided & Thousands of Dollars Saved

Both Dismissed

Dismissed

Dismissed

Both Cases Dismissed!

Dismissed

Reduced & Plead to Backtime/Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Reduced to a Misdemeanor

Charges Dropped, Over $14,000 in Cash Returned

Reduced to a Class A Deferred Adjudication POM

Dismissed

Dismissed

Reduced Down to a Class a Misdemeanor

Both Cases Dismissed

3 Not Guilty Verdicts

Dismissal/Discharge Probation

Dismissed

Dismissed

Dismissed

Dismissed

New Felony Case Dismissed & Continued Probation

Dismissed

Dismissed

Dismissed/Reduced to Obstruction of Passageway

Reduced to a Class B

Dismissed

Dismissed

Reduced to Unlawful Restraint/Misdemeanor

Reduced to Obstruction of Passageway

Dismissed

Dismissed

Dismissed

Case Closed Early

Dismissed

Dismissed

Reduced to a Class a Misdemeanor/Given Probation

Dismissed

Dismissed

Dismissed

Not Guilty

Dismissed

Dismissed

Dismissed

Hung Jury

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