Drug Possession Defense 

Montgomery County drug possession courts are among the toughest in Texas.  For anyone facing Drug Possession charges in Montgomery County, it can be a stressful time filled with anxiety and uncertainty.  With over 25 years of practice, attorney Andrea Kolski and her team at Nonstopjustice understand the devastating impact drug possession charges can have on your life, your family, and your future.  Our experienced, compassionate, and personalized approach has reduced the stress for hundreds of clients and their families while winning dismissals and reduced charges for clients facing drug possession charges.  

What is Drug Possession 

Montgomery County drug possession laws are governed primarily by the Texas Health and Safety Code, Chapter 481 (the Controlled Substances Act). Under Chapter 481, it’s a crime to knowingly or intentionally possess a controlled substance without a valid prescription or lawful authorization. The statute defines controlled substances, separates them into penalty groups and schedules, and prescribes criminal penalties that vary according to the substance type and the quantity possessed. However, Texas law defines possession of marijuana differently from other controlled substances, and penalties can range from a misdemeanor to a first‑degree felony depending on the drug and amount. 

Key statutory provisions include Texas Health and Safety Code §481.002 (definitions) and §481.115 (possession of a controlled substance). These provisions frame how police, prosecutors, and defense attorneys determine possession cases and whether an arrest is based on actual physical possession, constructive possession (control or access to a drug even if not on the person), or joint possession with others. 

What are Controlled and Illegal Substances  

The Controlled Substances Act in Texas lists numerous substances that require a prescription or are entirely illegal. Controlled substances fall into several categories including: 

– Marijuana (cannabis): Possession of marijuana without legal authorization remains a criminal offense in Texas. There are specific provisions and differing penalties depending on weight. Note: Texas has limited medical cannabis programs; possession without proper authorization remains illegal. 

– Opioids and opiates: Heroin, oxycodone, hydrocodone and similar substances are controlled; many are Schedule I or II equivalents under federal categorizations and illegal without prescriptions. 

– Stimulants: Cocaine, methamphetamine, amphetamines, and other stimulants are controlled substances with serious penalties for possession. 

– Depressants and benzodiazepines: Drugs like Xanax (alprazolam), Valium (diazepam), and similar substances are controlled and illegal to possess without a valid prescription. 

– Synthetic cannabinoids and designer drugs: Compounds marketed under names like “spice,” “K2,” bath salts, and various synthetic analogues are controlled or analyzable under catch‑all provisions that criminalize synthetic substances designed to mimic controlled drugs. 

– Prescription medications: there are many prescription drugs that are also controlled substances; possessing these without a prescription, or possessing a prescription that is forged or not valid, is against the law. 

The drug landscape in Texas is constantly changing as new drugs are produced and distributed by both legal and illegal means.  While these statutes are intended to capture both well‑known illegal drugs and newly created synthetic substances, Montgomery County prosecutors are given considerable leeway on how and when to apply these statutes when charging offenses. 

A Look at Controlled Substance Schedules and Penalty Groups 

Texas organizes controlled substances using statutory definitions and penalty groupings rather than the federal “Schedule I–V” labels alone. The Health and Safety Code identifies various penalty groups, and penalties are tied to the group and the amount found. While the statutory language and groupings are specific, the important practical points are: 

– Different drugs are assigned to different penalty groups or categories, and each group has distinct punishments attached. 

– The amount impacts charges. Small quantities of a drug may result in misdemeanor charges or lesser felonies; larger quantities trigger higher felony degrees, including first‑degree felonies for very large amounts of certain drugs. 

– Penalty enhancement occurs for possession in certain circumstances: some examples of this are possession in a drug‑free zone (within 1,000 feet of a school or certain public areas), possession with intent to distribute, possession of mixture or possession after prior convictions can result in higher penalties. 

Potential Punishments for Drug Possession  

Penalties for drug possession in Montgomery County depend on several factors such as the substance type, quantity, prior criminal history, and other aggravating circumstances. Here’s a broad overview of potential punishments: 

– Misdemeanors: Minor marijuana offenses and small amounts of some substances can be charged as misdemeanors. For example, possession of a small amount of marijuana historically was a Class B misdemeanor in many cases (punishable by up to 180 days in county jail and a fine), with weight thresholds changing statutory treatment.  

– Felonies: Possession of controlled substances other than marijuana or larger quantities of marijuana typically results in felony charges.  The range of felonies include: 

  – State jail felony: punishable by confinement in a state jail facility and fines. Often used for possession of moderate amounts of controlled substances. 

  – Third‑degree felony: higher than a state jail felony, with greater prison time and fines. 

  – Second‑degree and first‑degree felonies: result from larger quantities or certain high‑severity substances; carry the most significant prison terms and fines. 

– Enhanced penalties: These can add up if other factors are present in a case.  Examples of enhancements are possession within a drug‑free zone, possession with intent to deliver, possession of a weapon during the commission of the offense, or prior felony convictions can elevate charges and sentencing exposure substantially. 

– Collateral life consequences: The consequences for a Drug Possession conviction can extend far beyond incarceration and fines. A conviction can lead to loss of driver’s licenses in certain scenarios, restrictions on employment, housing, student financial aid, professional licensing issues, immigration consequences for noncitizens, and difficulty obtaining loans or security clearances. 

Employers both in and outside Montgomery will often scrutinize your criminal history while landlords and licensing boards often consider criminal records when making decisions.  Dating apps, online dating services, and relationship sites can offer to check criminal backgrounds which can lead to awkward conversations or lost relationship opportunities. 

Defending Against Drug Possession Charges in Montgomery County Drug Cases 

Successfully defending against drug possession charges in Montgomery County takes skill, experience, and a deep understanding of the law.  Building a strong defense can mean all the difference in your freedom and your future.  An experienced Montgomery County drug possession attorney can examine your case and may find legal issues that could affect the admissibility of evidence, the sufficiency of probable cause, and the charge ultimately filed.   

Practical Steps to Take When Facing a Drug Possession Arrest 

If you or a loved one are arrested for drug possession in Montgomery County: 

– Remain calm and treat all members of law enforcement with respect.  Remember you have the right to an attorney and the right to remain silent. Avoid making statements or signing waivers without counsel present. 

– Preserve evidence and documentation. Try to note the arresting officer’s name, badge number, and any witnesses. If needed, ask the officer for this information in a respectful way.  Obtain the arrest report and lab reports as soon as possible. 

– Time is of the essence.  Contact an experienced Montgomery County defense attorney as soon as possible. Early representation can allow counsel to move quickly on discovery requests and suppression motions and to negotiate with prosecutors early, perhaps before charges solidify. 

– Comply with all court and court‑ordered conditions. Following bond conditions, court dates, and any diversion program requirements could be critical to preserving options and credibility with the court. 

Can A Drug Possession Attorney Guarantee Results? 

Put simply, NO.  No ethical lawyer can guarantee a result for a case.  However, experienced drug possession attorneys use their years of practice to determine possible defenses and likely outcomes depending on the individual situation.  These are educated guesses but can be fairly accurate if an attorney has extensive experience. 

What Are Some Common Defenses for Drug Possession Charges? 

– Every situation is unique and no explanation can cover your particular circumstance.    This is not a comprehensive list, but here are some broad examples of questions a drug possession defense attorney may raise: 

– Legality of the stop and search: Police must have lawful grounds for traffic stops, investigatory detentions, or searches. Fourth Amendment claims under the Texas Constitution and state law can lead to suppression of unlawfully obtained evidence.   

– Constructive possession defenses:  An experienced and skilled drug possession attorney like Andrea Kolski may use this defense to question whether a client had “constructive possession”.  Proving possession beyond a reasonable doubt requires the prosecution to show that the accused exercised care, custody, control, or management of the drug and knew of its presence.  

– Chain of custody and testing reliability: Controlled substance cases depend on lab testing. Andrea Kolski and her team have successfully challenged laboratory procedures, sample handling, or testing protocols to cast doubt on the substance being tested, how it was collected, and it’s chain of custody.  

– Entrapment and law enforcement conduct: People unfamiliar with the law often fail to understand entrapment and what the police can and can’t do.  Experienced drug possession defense attorneys can determine if an arrest falls under illegal entrapment or other inappropriate conduct by law enforcement.   

– Diversion and alternative programs:  Experienced drug possession attorneys like Andrea Kolski look for any and all possible defenses and resolutions that benefit a client.  Using her extensive legal knowledge and skill, Andrea has negotiated alternative drug treatment programs or other creative options that allow clients to avoid jail, prison, or burdensome fines and restrictions.  

Why Trust Andrea Kolski for Drug Possession Defense?  

Montgomery County drug possession attorney Andrea Kolski is known as a “pitbull in the courtroom” for her aggressive defense and unmatched record of success.  For over 25 years, she has helped countless clients facing the toughest penalties successfully obtain reduced sentences and full dismissals. Andrea’s expertise and tireless defense provides clients peace of mind when facing the stress of drug possession charges.   

For over 25 years, Andrea and her team at Nonstopjustice have earned a reputation as fearless advocates for clients facing the toughest legal challenges.  As a former Texas prosecutor, Andrea provides unique insight on both sides of the law and the inner workings of the Montgomery County judicial system.  Beyond her extensive knowledge of the law, Andrea provides transparency and open communication to alleviate confusion or worry about the legal process, court procedures, and potential legal outcomes specific to your case.  We strive for the very best result while keeping you informed every step of the way. 

What Sets Andrea Kolski Apart From The Rest 

 
“The most committed, wins.” That’s a common phrase among seasoned lawyers and a mantra for Andrea and her team at Nonstopjustice.  Andrea’s reputation for hard work and unwavering commitment over two and half decades of practice has earned her the respect of her peers while winning dismissals, reduced penalties, and other positive outcomes for clients facing the toughest odds.  

Why Hire a LOCAL Montgomery County Drug Possession Attorney 

Judges and prosecutors are part of their local community.  Like the rest of us, they prefer to work with people they know and trust.  The most effective attorneys in Montgomery County know local judges, prosecutors, and court procedures. With more than two decades of practice in Montgomery County, Andrea Kolski is a familiar face in the Montgomery courthouse and legal community.  

Next Steps: What to Expect 

– Individual case assessment:  Before crafting a defense strategy, Andrea and her team will carefully review every facet of a case.  This may include multiple steps such as requesting and reviewing the arrest report, examine police body cam or dashcam footage, search and scrutinize warrant affidavits, lab results, and witness statements.   

– Filing Motions: Once a case has been reviewed, Andrea and her team will evaluate whether motions should be filed.  For example, they may file motions to suppress evidence obtained through unlawful search or seizure, including motions to suppress statements made after arrest if custodial interrogation procedures were violated. 

– Raise Challenges: Andrea and her team may identify potential challenges to the state’s case as part of an overall defense strategy.  For instance, they may challenge whether the prosecution can prove possession and the identity of the substance beyond a reasonable doubt. Where evidence is circumstantial, they may challenge the validity and admissibility of that evidence. 

– Negotiate with prosecutors: Few people realize that 90-95% of legal cases are resolved outside of court through settlements, plea bargains, or dismissals rather than by trial.  So, an attorney with strong negotiation skills is a must.  Andrea and her team are seasoned negotiators and leverage that experience for their clients benefit.  Key to negotiation strength is a strong reputation and willingness to go to trial if needed.  Andrea is a respected trial lawyer that’s won many battles in court.  That experience can be an advantage when negotiating with prosecutors. 

– Trial preparedness: If a plea cannot be negotiated, Andrea and her team are among the most qualified trial lawyers in Montgomery County.  Where many lawyers dread or avoid going to trial, Andrea thrives in a trial setting where her communication and legal skills truly shine.  Trial is a last resort but Andrea and her team are always prepared. 

The Bottom Line- Get Experienced Legal Help Today 

When facing drug possession charges, time is not on your side.  Getting an experienced Montgomery County drug possession on your side as soon as possible is a wise choice.   

If you’re facing a drug possession charge in Montgomery County, you want an attorney experienced with drug possession defense.  For over 25  years, clients have trusted Andrea M. Kolski to fight for rights and safeguard their future.  As a respected and familiar name in Montgomery County courts, Andrea brings a wealth of experience, legal skill, and commitment to every case.  She’s the “pitbull in the courtroom” and never backs down from a fight.  Let Andrea and her team fight for you.  

Need legal help?  Contact us today.  

**For specific statutory language, see Texas Health and Safety Code Chapter 481 (Controlled Substances), including §481.002 (definitions) and §481.115 (possession of controlled substance).