Methamphetamine Possession Defense 

Arrests for methamphetamine possession in Montgomery County, Texas are on the rise. This is a response to public demand for stricter enforcement of Texas drug laws and to reduce overall crime in Montgomery county.  Methamphetamine is treated aggressively under Texas law, and even a small amount can expose a person to severe criminal penalties, long term consequences, and lasting damage to their reputation and future.  

If you or someone you love is facing methamphetamine possession charges, the decisions you make right now matter. Working with an experienced criminal defense attorney who understands Texas drug laws, local courts, and effective defense strategies can make all the difference in how your case is resolved. 

For more than 25 years, Montgomery County defense attorney Andrea Kolski has fought for people facing charges of methamphetamine possession. Her encyclopedic knowledge of drug possession law, creative defense strategies, and unique insight as a former prosecutor have resulted in countless victories for her clients.  

Examining Methamphetamine Possession Charges in Montgomery County 

Methamphetamine is classified as a controlled substance under Texas law. Possession charges are governed primarily by the Texas Controlled Substances Act, found in Chapter 481 of the Texas Health and Safety Code. Prosecutors in Montgomery County take these cases seriously, often pursuing harsh penalties even for first time offenders. 

To secure a conviction, the State must prove beyond a reasonable doubt that a person knowingly or intentionally possessed methamphetamine. Possession does not always mean the drug was found on you. It may include situations where law enforcement claims you had control, care, or management of the substance, such as a vehicle, residence, or shared space. 

However, a skilled lawyer could uncover potential facts that can undermine a seemingly strong case for the state.  Andrea Kolski has done this many times in her 25 years of practicing law. For example, a good defense lawyer might question who had access to the area where the drugs were found? Was the search was lawful? Did the police follow protocol?  Were the clients Constitutional rights respected?  Can the evidence can be reliably tied to the accused? 

Those are just a few examples of defenses Andrea Kolski and her team at Nonstopjustice have used successfully over the past 25 years to win on behalf of their clients.  **Note: every case is unique and no reputable lawyer can guarantee a result.**  

Overview of Texas Methamphetamine Possession Laws 

Under Texas law, methamphetamine is typically listed as a Penalty Group 1 substance. The severity of a possession charge depends on the amount allegedly possessed. Texas Health and Safety Code Section 481.115 outlines the penalties, which increase rapidly based on weight. 

While exact charges vary, methamphetamine possession cases may involve: 

• Less than one gram, which is generally charged as a state jail felony 
• One gram to less than four grams, charged as a third degree felony 
• Four grams to less than 200 grams, charged as a second degree felony 
• 200 grams or more, charged as a first degree felony 

Even the lowest level offense can result in jail time, fines, and a permanent criminal record. Prosecutors may also seek enhanced penalties if there are prior convictions, allegations of intent to deliver, or claims that the offense occurred near certain protected locations. 

How Methamphetamine Possession Charges Are Determined 

Many methamphetamine possession cases in Montgomery County begin with routine encounters that quickly escalate. Common scenarios include traffic stops, probation searches, or investigations related to other alleged offenses. In some situations, individuals are arrested based on proximity to drugs rather than clear ownership. 

Law enforcement officers may rely on statements, alleged admissions, or assumptions about control over an area. They may also conduct searches that push the limits of constitutional protections. A thorough defense examines every step of the investigation, from the initial stop to the handling of evidence. 

There’s a lot that can go wrong in these searches and a careful examination of the situation may offer a skilled attorney opportunities for undermining the state’s case.  Andrea Kolski is well known for diligently analyzing every detail of an arrest and any police misstep. Her success in challenging unlawful stops and searches has helped clients avoid convictions based on flawed or unconstitutional police work.  

Additional information about drug related defenses can be found on our drug crimes defense page. 

Potential Penalties and Consequences of a Conviction 

A methamphetamine possession conviction can impact nearly every part of your life. Beyond the immediate criminal penalties, the long term effects can follow you for years or even decades. 

Possible consequences include: 

• Jail or prison time, depending on the charge level 
• Significant fines and court costs 
• Probation or parole with strict conditions 
• Mandatory drug treatment or counseling 
• Loss of professional licenses or certifications 

A conviction can also strain family relationships, limit employment opportunities, and make it difficult to secure housing or financial assistance. Parents may face custody concerns, and non citizens could face immigration consequences. The emotional toll of a felony conviction can be just as damaging as the legal penalties. 

Experience Matters in Methamphetamine Possession Defense 

Methamphetamine possession cases are rarely straightforward. Prosecutors often rely on circumstantial evidence, and law enforcement testimony can carry significant weight with judges and juries. An experienced defense attorney knows how to challenge weak evidence, expose inconsistencies, and present a compelling narrative that protects the accused. 

Getting your lawyer involved early allows critical evidence to be preserved and examined. It also prevents clients from making statements that could later be used against them. With more time, an attorney can negotiate with prosecutors, pursue dismissal or reduction of charges, or prepare a case for trial when necessary. 

Andrea Kolski brings decades of criminal defense experience to every methamphetamine possession case she handles. Her background as a former Harris County prosecutor gives her insight into how the State builds its cases and where those cases are most vulnerable. This perspective is invaluable when negotiating or litigating on behalf of the defense. 

Common Defenses in Methamphetamine Possession Cases 

Every case is unique, but effective defenses often focus on key legal and factual issues. These may include challenging whether the accused actually possessed the drug, whether the search was lawful, or whether the evidence was properly handled and tested. 

Potential defense approaches may involve: 

• Questioning the legality of the traffic stop or search 

• Challenging alleged possession or control over the substance 

• Examining chain of custody and lab testing procedures 

• Identifying violations of constitutional rights 

Andrea Kolski and her team at Nonstopjustice tailor defense strategies to the specific facts of each case. Their goal is always to protect the client’s rights and pursue the best possible outcome, whether that means dismissal, reduction of charges, or a favorable resolution at trial. 

The Impact on Your Future and Why Early Action Matters 

Methamphetamine possession charges are a priority in the Montgomery County court system. Delays, missteps, or clerical errors can limit your options and increase the risk of severe penalties. Taking early action allows your defense attorney to influence the trajectory of the case before positions become entrenched. 

An experienced lawyer will communicate with prosecutors, present mitigating factors, and explore alternatives that may not be available later. Prosecutors are more likely to make themselves available for defense attorneys they know and are familiar with.  Early intervention by a known, trusted lawyer can lead to better outcomes and greater control over the process. 

Why Trust Andrea Kolski for Methamphetamine Possession Defense 

Few Montgomery County attorneys have the experience, reputation, and track record of success to match Andrea Kolski.  Andrea has dedicated more than 25 years to defending individuals accused of serious criminal offenses in Montgomery County and throughout Texas. She is a familiar face in Montgomery County courts and has earned the respect of judges, prosecutors, and fellow defense attorneys for her determination, courtroom presence, and unwavering commitment to her clients. 

As a former president of the Montgomery County Criminal Defense Lawyers Association, Andrea has earned the trust and respect of her peers. Her leadership and numerous awards reflect her dedication to the practice of criminal defense and her deep understanding of the Montgomery County court system. 

Clients and colleagues refer to Andrea as “a pit bull in the courtroom” because they’ve seen her in action. Andrea’s reputation comes not from bravado, but from her commitment to fight relentlessly for her clients when their freedom and future are on the line. Andrea never shies away from a fight and her trial experience, negotiation skills, and strategic approach have helped countless clients overcome the most daunting legal challenges. 

Andrea has lived in Montgomery County for over 20 years her close ties to the local legal community allow her to navigate cases efficiently and strategically. She’s a familiar face at the Montgomery Courthouse the many prosecutors, judges, and court staff that manage the busy caseload. Clients and attorneys outside Montgomery County often hire Andrea as “local counsel” for her deep understanding of local procedures, prosecutorial tendencies, and judicial expectations which often influence the outcome of a case. 

Protecting Your Rights, Freedom, and Future 

Facing a methamphetamine possession charge may seem overwhelming, but you don’t have to face it alone. Getting a skilled, experienced, and battle-hardened attorney on your side can make all the difference and offer hope to an otherwise difficult time.   

Andrea Kolski is a respected fighter and her team at NonstopJustice understand the high stakes involved in methamphetamine possession cases. They approach every client with respect, urgency, and a clear focus on results.  

When everything is on the line, you want a lawyer who will fight for you, your family, and your future.  Andrea Kolski is “a pitbull in the courtroom” and she’s ready to fight for you! 

We’re here to help.  Contact us today.