Drug Possession Attorney in San Antonio
Board-Certified Defense Backed by a Former Prosecutor & a Former Police Officer
A drug possession charge in Bexar County can escalate faster than most people expect. Evidence gets logged, charges get filed, and the prosecution begins building its case. At The Locke Law Group, we defend clients facing possession charges throughout San Antonio and Bexar County, bringing credentials to this work that are rare in this market: lead attorney Shannon Locke is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction fewer than 10% of Texas attorneys hold. Our team also includes a former Bexar County District Attorney’s Office prosecutor and a former San Antonio police officer, giving us direct insight into how these cases are built before a single motion is filed.
The earlier we review your case, the more options remain open, from challenging how evidence was obtained to pursuing alternative resolutions. We’re available 24/7, offer free consultations, and serve clients in English and Spanish.
If you’ve been charged with drug possession in San Antonio, contact The Locke Law Group now at (210) 361-3113. We’re available around the clock and can begin reviewing your case today.
Why Our Credentials Matter in a Possession Case
Board Certification in Criminal Law isn’t automatic. It requires peer references from judges and attorneys, advanced legal training, and passing a rigorous written examination. Shannon Locke has earned that certification and has tried approximately 200 jury trials across his career, including drug cases in Bexar County and surrounding Texas counties. He’s also admitted to practice in the U.S. District Court for the Western District of Texas, which matters when a possession case crosses into federal jurisdiction.
What separates our approach is the combination of perspectives on our team. Our former Bexar County prosecutor knows how the District Attorney’s Office evaluates possession cases and what it takes to pursue a conviction. Our former San Antonio police officer knows how searches are conducted, how evidence is documented, and where investigative procedures can break down. Together, that knowledge directly informs where we look first for weaknesses in a possession case.
Shannon Locke has also persuaded a federal district court judge in San Antonio to dismiss a case on constitutional grounds. Defense strategies are built around the specific facts of each client’s situation, not a one-size-fits-all approach. Flexible payment options are available for clients who need them.
The Locke Law Group has earned recognition including the National Trial Lawyers Top 100, 10 Best Law Firm Client Satisfaction, and Top Criminal Defense S.A. Lawyers 2019.
How Texas Drug Possession Law Works
Under the Texas Controlled Substances Act (Texas Health and Safety Code sections 481.115 through 481.118), the state must prove that a person knowingly or intentionally possessed a controlled substance without a valid prescription. Texas organizes controlled substances into penalty groups, and both the group and the quantity of the substance determine the severity of the charge.
The penalty groups cover a wide range of substances:
- Penalty Group 1: Methamphetamine, heroin, cocaine, oxycodone, methadone, ketamine, and hydrocodone (when not in a lower-scheduled formulation)
- Penalty Group 1-A: LSD
- Penalty Group 2: PCP, mescaline, ecstasy, psilocybin, and amphetamine
- Penalty Group 3: Xanax, Valium, Ritalin, clonazepam, and lower-concentration hydrocodone formulations
- Penalty Group 4: Compounds containing limited narcotics combined with active medical ingredients
Texas law also includes adulterants and diluents in the total weight of a seized substance, which means prosecutors can base charges on the combined weight of the material rather than the pure drug content alone. That calculation can push a case into a higher penalty range. Bexar County law enforcement operates a cite-and-release policy for marijuana possession under four ounces: suspects receive a citation rather than being taken to jail but must still appear in court. Constructive possession, where drugs are found near a person rather than on them, is a separate legal theory that requires the state to prove a connection beyond mere proximity.
Penalties for Drug Possession in Texas
The criminal penalty ranges are serious. A Class B misdemeanor carries up to 180 days in jail and a $2,000 fine. A Class A misdemeanor carries up to one year in jail and a $4,000 fine. State jail felonies range from 180 days to two years in a state jail facility with fines up to $10,000. Third-degree felonies carry two to 10 years in prison; second-degree felonies carry two to 20 years; first-degree felonies carry five to 99 years or life.
Under Texas Health and Safety Code section 481.134, drug-free zone enhancements apply when an offense occurs within 1,000 feet of schools, playgrounds, or youth centers and can significantly increase sentencing exposure. A drug possession conviction in Texas may also trigger a driver’s license suspension under the Texas Transportation Code.
The consequences reach well beyond a criminal sentence. A possession conviction can affect:
- Employment: Surfaces on background checks across industries where screening is standard
- Educational funding: May affect eligibility for scholarships and institutional financial aid
- Professional licenses: Teachers, nurses, contractors, and other licensed professionals may face review following a conviction
- Child custody: Can influence custody arrangements or visitation rights in Texas family court
- Immigration status: Non-citizens may face deportation or inadmissibility, making early intervention especially critical
Defense Strategies We Evaluate in Possession Cases
Every possession case we take starts with a close review of how the evidence was obtained. Our former Bexar County prosecutor and former San Antonio police officer backgrounds inform exactly where investigative and procedural weaknesses tend to appear.
Search & Seizure Challenges
Fourth Amendment law governs whether law enforcement had the legal authority to stop, search, and seize. If a search lacked a valid warrant or a stop lacked reasonable cause, a suppression motion may be available to remove that evidence from the prosecution’s case. Traffic stops, K9 searches, and the reliability of confidential informants are all areas our team scrutinizes closely.
Evidence & Weight Challenges
Chain of custody is another avenue we examine. From collection through lab testing and storage, any gap or procedural failure can become a meaningful challenge. Because Texas counts adulterants and diluents toward total drug weight, we also evaluate the lab analysis itself when the charged penalty range turns on a weight threshold.
Constructive Possession Arguments
In constructive possession cases, where drugs were found in a shared space or vehicle rather than on the defendant’s person, the state must prove more than proximity. That additional burden creates distinct challenge points our team knows how to press.
Diversion & Alternative Resolutions
For eligible clients, we help explore pretrial diversion, deferred adjudication, and drug treatment program alternatives. In Bexar County, diversion programs through the Center for Health Care Services provide case management and substance abuse treatment for qualifying drug court participants. First-time and nonviolent offenders may have options that avoid a conviction on their record.
Talk to a San Antonio Drug Possession Lawyer Today
Bexar County possession cases move quickly, and the options available to you narrow as time passes. Whether you’re weighing a challenge to the evidence or hoping to qualify for diversion, the earlier we get involved, the more we can do. We offer free consultations, flexible payment options, and bilingual service in English and Spanish. Our team is available 24/7.
Contact The Locke Law Group at (210) 361-3113 to schedule your free consultation with a San Antonio drug possession attorney today.