Heroin Possession Defense 

Heroin possession charges in Montgomery County, Texas are a very serious matter. Heroin is classified as one of the most dangerous controlled substances under Texas law, and prosecutors pursue possession cases aggressively. Even a relatively small amount can result in felony charges, potential prison time, and a permanent criminal record. For many people, an arrest for heroin possession is overwhelming, frightening, and confusing, especially when they have never faced the criminal justice system before. 

Heroin possession cases in Montgomery County often arise from traffic stops, searches of vehicles or homes, probation checks, or encounters with law enforcement responding to unrelated calls. In some situations, heroin is discovered alongside other alleged offenses, which can complicate the case and increase the potential penalties. Regardless of how the charge begins, what happens next can affect your freedom, your family, your career, and your future for years to come. 

Montgomery County heroin possession defense attorney Andrea Kolski brings more than 25 years of criminal law experience to these cases. She has spent decades defending individuals accused of serious drug offenses and understands how quickly a possession charge can escalate if it is not handled properly from the start. Her background as a former Harris County prosecutor gives her valuable insight into how heroin cases are charged and prosecuted, allowing her to build strong, strategic defenses for her clients. 

A Closer Look At Heroin Possession Under Texas Law 

Texas law divides drugs into several classifications. Heroin is classified as a Penalty Group 1 substance under the Texas Controlled Substances Act. Possession of heroin is governed by Texas Health and Safety Code § 481.115. Under this statute, it is illegal to knowingly or intentionally possess a controlled substance listed in Penalty Group 1 unless authorized by law. 

To convict someone for heroin possession, the State must prove beyond a reasonable doubt that the accused knowingly or intentionally possessed the substance and that the substance was, in fact, heroin. Possession does not require the drug to be found directly on a person. Prosecutors may argue possession based on alleged control or custody over the substance, even if it was found in a vehicle, residence, or shared space. 

The severity of the charge depends on the amount, including any potential adulterants or dilutants. This means that the total weight of the substance, not just the pure heroin, can be used to determine the level of the offense. 

Police, Heroin Possession and Your Rights 

The US Constitution affords citizens rights that police and law enforcement must respect.  Heroin possession charges often stem from an encounter with law enforcement such as a traffic stop or other probable cause.  Police don’t have the right to simply search whoever they want without probable cause or warrant.  Additionally, when police conduct a search, the search and procedures followed in that search must abide by the Constitution and again, respect a citizen’s Constitutional rights.  A skilled heroin possession attorney can review details of a search to determine if it was unconstitutional and present these fact to the court before a case is ever set in motion.  Oftentimes, strong evidence or a convincing argument by an attorney can get a case thrown out before it’s set in motion.   

In Montgomery county, many arrests stem from traffic stops that escalate because the officer may smell narcotics, observe suspicious behavior, or conduct searches after requesting consent. Others arise from search warrants executed at homes or apartments based on informant tips or prior surveillance. 

Because heroin possession cases frequently rely on searches and seizures, the legality of law enforcement conduct is a central issue. To begin with, officers must prove lawful justification to stop a vehicle, detain an individual, or search property. Search warrants must be supported by probable cause and executed within strict legal limits. When officers exceed their authority, any evidence they obtain may be subject to suppression. 

Skilled attorneys understand what to look for and how to build a strong case on sloppy police work, unconstitutional searches, or other overlooked details.  With more than 25 years of criminal law experience, Andrea Kolski is widely regarded as one of the area’s leading defense attorneys, known for her meticulous ability to dissect police stops, searches, and arrest procedures for legal and constitutional flaws.  Andrea’s reputation is so good that she’s often asked by other Montgomery County defense attorneys to review their cases for any procedural mistakes.  Time and again, Andrea has uncovered overlooked details that have led to case dismissals or dropped charges from her scrutiny of police procedures. 

Andreas track record of dropped charges and dismissals are great news for clients, but also important for law enforcement.  By highlighting investigative errors, Andrea helps the police improve their performance and safeguard the public more effectively.  This builds trust between law enforcement and the communities they serve.     

Penalties for Heroin Possession in Montgomery County 

The penalties for heroin possession in Texas increase quickly based on the alleged weight of the drug. Even first time offenders can face significant prison exposure. Under Texas Health and Safety Code § 481.115: 

• Possession of less than one gram of heroin is a state jail felony, punishable by up to two years in a state jail facility and a fine of up to $10,000. 

• Possession of one to four grams is a second degree felony, carrying a possible sentence of two to twenty years in prison. 

• Possession of four to two hundred grams is a first degree felony, punishable by five to ninety nine years or life in prison. 

Larger quantities carry mandatory minimum sentences and can result in decades of incarceration. Prior felony convictions, allegations involving drug free zones, or related charges can further enhance penalties. In many heroin possession cases, probation options are limited and not guaranteed. 

The Devastating Costs of a Heroin Possession Conviction 

A heroin possession conviction impacts far more than the sentence imposed by the court. Jail or prison time separates individuals from their families and support systems, often for years. Parents may miss critical moments in their children’s lives, and relationships frequently suffer long term damage due to incarceration and the stress of criminal proceedings. 

Career consequences can be severe and lasting. A felony drug conviction can lead to termination of employment, loss of professional licenses, and significant barriers to future job opportunities. Many employers are unwilling to hire individuals with felony drug records, regardless of qualifications or rehabilitation. 

Financial hardship is also common. Legal fees, court costs, fines, and lost income can create long term instability. In some cases, asset forfeiture may be pursued, allowing the State to seize cash or property alleged to be connected to drug activity. Beyond these tangible effects, the stigma and emotional toll of a heroin possession conviction can affect mental health, housing opportunities, and personal confidence. 

Common Defenses in Heroin Possession Cases 

Every heroin possession case is different, but several defense strategies commonly arise. These may include challenging the legality of the stop, search, or seizure; disputing whether the accused knowingly possessed the heroin; contesting the alleged weight or identity of the substance; or exposing breaks in the chain of custody. 

In cases involving shared spaces, such as vehicles or residences, the defense may focus on lack of exclusive control or ownership. The State must prove more than mere proximity to the drug. Constitutional defenses based on violations of the Fourth or Fifth Amendments can also lead to suppression of key evidence. 

Andrea Kolski develops defense strategies tailored to the specific facts of each case. Her approach is careful, evidence focused, and designed to pursue the best possible outcome, whether that involves dismissal of charges, reduction to a lesser offense, or a favorable resolution through negotiation or trial. 

Why Experience Matters in Heroin Possession Defense 

Heroin possession cases are treated with seriousness by prosecutors in Montgomery County, even when the alleged quantity is small. Without experienced legal representation, defendants risk facing the harshest penalties available under the law. Early missteps, such as making statements to law enforcement or failing to challenge unlawful searches, can significantly weaken a defense. 

An experienced defense attorney intervenes early to protect constitutional rights, evaluate the strength of the State’s case, and begin shaping a strategy that addresses both legal and practical concerns. Early legal action can influence charging decisions, bond conditions, and the overall direction of the case. 

Local experience is especially important. Familiarity with Montgomery County judges, prosecutors, and court procedures provides strategic insight that can make a meaningful difference in how a case is handled and resolved. 

Why Choose Andrea Kolski for Heroin Possession Defense in Montgomery County 

Andrea Kolski is uniquely qualified to defend heroin possession cases in Montgomery County, Texas. With more than 25 years devoted exclusively to criminal law, she brings seasoned judgment, courtroom confidence, and strategic focus to every case. Her background as a former Harris County prosecutor gives her a deep understanding of how the State evaluates drug possession cases and where defenses are most effective. 

She is widely respected by her peers and has served as former president of the Montgomery County Criminal Defense Lawyers Association. This leadership role reflects her standing within the local legal community and her commitment to protecting the rights of the accused. 

Clients and colleagues alike have described Andrea Kolski as a “pit bull in the courtroom,” a reputation built on preparation, persistence, and fearless advocacy. She is known for challenging weak evidence, filing aggressive pretrial motions, and refusing to accept unjust outcomes, while maintaining credibility and professionalism with local courts. 

More information about her background and experience can be found on Andrea Kolski’s attorney bio. Those interested in the firm’s philosophy and approach to criminal defense may also visit the About Nonstop Justice page. 

Why Local Counsel Is A Smart Move 

Texas laws may seem cut and dry, but the application of those laws can vary widely from county to county. It’s not unusual for defendants with identical charges to get very different outcomes from two different courts.  It may sound unfair or frustrating, but that’s the reality of court. 

Local courts are staffed and operated by members of the community who, like anyone else, will tend to favor people they know and trust.  It’s human nature to be friendlier and flexible with a familiar face and more guarded or strict around a stranger.  Prosecutors and judges are no different. 

It’s no surprise that a local attorney will often get a better plea or result than an outsider.  There’s an old attorney cliché’ that rings true: “Some attorneys know the law, and some attorneys know the judge.” When it comes to Montgomery County, Andrea Kolski is both!  

Outsiders or defense attorneys unfamiliar with Montgomery County folks may find themselves, and their clients, at a distinct disadvantage.  This is why even skilled attorneys will often hire “local counsel” to assist them in an unfamiliar local court.   

As a resident of Montgomery County for 20+ years, Andrea is a very familiar face around the courthouse.  Her close ties to the Montgomery County legal community has made her a top choice for attorneys and clients seeking trustworthy, familiar, and reputable legal help in Montgomery County courts.  

Put Your Trust Where It Counts 

When you hire a heroin possession lawyer, you’re trusting them with your life.  Andrea Kolski and the team at Non.Stop.Justice understand what’s at stake, and countless clients are living free, fulfilling lives today because they put their trust in Andrea’s capable hands.   

Andrea is a proven fighter and her reputation as “a pitbull in the courtroom” was earned the hard way- battling over 25 years in tough Texas courts.  Her hard work has restored hope and opportunity for clients who once believed their future was beyond saving. 

People trust Andrea because she approaches every case with unmatched determination, urgency, and focus. Her goal is not simply to resolve cases, but to pursue the best possible outcome for you and your family.  Because of this, for over 25 years, Andrea’s clients have won countless dismissals, dropped charges, reduced sentences, and favorable plea deals that once seemed impossible.  

With decades of experience and a reputation for relentless advocacy, Montgomery County heroin possession defense attorney Andrea Kolski is prepared to stand between you and the full weight of the State. 

Need a lawyer to fight for you?  Contact us today.