State Jail Felony Drug Possession Defense Lawyers

Are you facing a state jail felony drug case in Dallas, Kaufman or Rockwall County? State Jail felonies are the lowest level felony offense in Texas, but they still carry a possible prison sentence of 6 months to 2 years in State Jail. State Jail is different from TDC (“prison”) in that there is no parole or early release from a state jail sentence. So if you get a 12 month State Jail sentence you must serve the entire 12 months.

What are typical state jail felony drug cases in Texas?

The most common state jail felony drug case is possession of methamphetamine or cocaine under 1 gram. Heroin is less common, but still falls under the State Jail offense level if you have less than one gram. There is no “minimum” level of drugs required for a state jail charge. Defendants have been charged with State Jail possession for the residue left on meth or crack pipes. These amounts can be as low as .001 of a gram! Which is nearly impossible to see.

Probation and State Jail Drug Cases

If you have never been charged or convicted of a previous State Jail felony drug case in Texas then you will usually end up on some sort of probation. The reason? The law requires probation if you have a first time State Jail felony drug trial (without any priors). Some people don’t want probation, or have served weeks or months in jail and request “time served” deals, or a 12.44(a) or 12.44(b) reduction. The best sentencing and plea bargain strategy for your case depends on many factors, and our drug possession defense team will make a plan for your case that takes into consideration your goals.

Fighting State Jail Felony Drug Cases

The most obvious issue in a possession case is… can they prove you possessed anything? Issues that arise include

  • Did the police have a legal reasons to detain you or stop your car?
  • Did the police have a legal reason to search you or your car?
  • Can the prove you knew you were in possession of drugs?
  • Are there any other witnesses or passengers who the drugs could have belonged to?

Another issue we litigate is if the State can prove these drugs are drugs. Forensic drug testing is not without it’s flaws. And DPS drug labs have a history of corruption and mismanagement. So it can be worth investigating the forensic testing to see if it’s accurate.

We are the highest rated local drug defense law firm. We offer free confidential consultations for all Rockwall, Kaufman and Dallas county drug cases including Possession of meth, cocaine, and heroin. We have a team of former felony prosecutor who have the experience you need to get the best result. Call today and see why Guest and Gray Law Firm is the best reviewed local criminal defense firm.

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