Drug Trafficking Attorney in San Antonio
Board-Certified Defense for State & Federal Drug Trafficking Charges in Bexar County
Drug trafficking is among the most aggressively prosecuted felonies in Texas, and the penalties at both the state and federal level are severe. Our lead attorney, Shannon Locke, is Board Certified in Criminal Law by the Texas Board of Legal Specialization and brings direct knowledge of how these cases are built from her time as a former Bexar County prosecutor. We defend clients facing trafficking charges in Bexar County state courts and in the U.S. District Court for the Western District of Texas, San Antonio Division, where federal trafficking cases are tried. With more than 50 years of combined legal experience on our team, we know what’s at stake and how to respond.
If you or someone you know is facing a drug trafficking charge, don’t wait. Early legal intervention preserves the most options. Call (210) 361-3113 to schedule your free consultation with a San Antonio drug trafficking attorney. We’re available 24/7 in English and Spanish.
What Texas Law Defines as Drug Trafficking
Under Texas Health and Safety Code Chapter 481, the Texas Controlled Substances Act, drug trafficking covers manufacturing, delivering, or possessing a controlled substance with the intent to deliver it. Texas law sets no minimum quantity threshold for a trafficking charge. Even smaller amounts can support a trafficking allegation if prosecutors believe evidence shows intent to distribute.
Prosecutors typically infer that intent from circumstantial evidence: packaging materials, scales, large amounts of cash, multiple phones, or text messages suggesting sales activity. A charge can also extend to what the law calls constructive transfer, meaning someone who arranges for another person to receive a drug can face trafficking allegations even without physically handling the substance.
Controlled substances are classified into Penalty Groups under the Texas Controlled Substances Act. The penalty group assigned to a substance directly determines sentencing exposure:
- Penalty Group 1: Cocaine, heroin, and methamphetamine
- Penalty Group 1-B: Fentanyl and fentanyl analogues
- Penalty Group 2: Ecstasy and PCP
Texas & Federal Penalties for Drug Trafficking
Sentencing exposure depends on whether charges are brought in state or federal court, the substance involved, the quantity, and any aggravating factors present in the case.
State Penalties Under Texas Law
State penalties under Texas Health and Safety Code Section 481.112 scale with the quantity involved. For Penalty Group 1 substances, less than 1 gram is a state jail felony carrying 180 days to 2 years. Amounts between 4 and 200 grams rise to a first-degree felony with 5 to 99 years in prison. For 400 grams or more, the sentencing range is 15 to 99 years or life, with fines reaching $250,000.
Federal Penalties & Aggravating Factors
Federal trafficking charges under 21 U.S.C. Section 841 carry mandatory minimum sentences of 5, 10, or 20 years in federal prison depending on drug type and quantity, with life imprisonment possible in aggravated circumstances. There is no parole in the federal system. Prior convictions, use of a weapon, involvement of a minor, or causing serious bodily injury can all increase exposure under both state and federal law. Offenses committed within 1,000 feet of a school, playground, youth center, or other drug-free zone trigger enhanced sentencing under Texas Health and Safety Code Section 481.134.
How a Possession Case Becomes a Trafficking Charge
Texas law doesn’t require proof of a completed sale. If prosecutors can point to a quantity they associate with distribution, combined with circumstantial evidence such as baggies, digital scales, or cash, they can charge trafficking even without a transaction on record. Shannon Locke’s background as a former Bexar County prosecutor gives us direct insight into how the DA’s office and law enforcement decide to elevate a case from possession to trafficking.
Conspiracy allegations are also common. A person can be charged for agreeing to participate in a trafficking scheme even if the drugs were never transferred. Federal charges can become more likely when activity crosses state lines, involves large quantities, or is tied to an organized distribution network. Given San Antonio’s position as a regional transportation corridor, those circumstances arise here with regularity. State cases proceed in Bexar County courts. Federal cases are prosecuted in the U.S. District Court for the Western District of Texas, where sentencing guidelines are stricter and parole isn’t available.
Defense Strategies in San Antonio Drug Trafficking Cases
Every trafficking defense begins with how law enforcement obtained the evidence. We evaluate every case for Fourth Amendment search and seizure violations, including warrantless searches and traffic stops that lacked reasonable cause. A successful suppression motion may remove the prosecution’s key evidence entirely. We also examine chain-of-custody problems between arrest and lab testing, and we move to suppress statements taken after a client invoked the right to counsel.
Shannon Locke has tried approximately 200 jury trials, including drug cases across Bexar County and surrounding Texas counties. She has persuaded a federal district court judge in San Antonio to dismiss a case on constitutional grounds and is admitted to practice in the U.S. District Court for the Western District of Texas. That experience shapes how we evaluate every trafficking case from the first consultation forward.
Other defense approaches we pursue depending on the facts:
- Quantity challenges: Contesting whether the weight attributed to the defendant actually meets the charged threshold, or whether adulterants were improperly included in the calculation
- Conspiracy defense: Challenging whether the defendant knowingly agreed to participate in an alleged scheme or understood its scope
- Lack of knowledge: Arguing the defendant was unaware of the presence or nature of a controlled substance
- Negotiated resolution: When charges can’t be eliminated, pursuing reduced charges, alternative sentencing, or diversion programs where eligibility exists
Pretrial diversion and deferred adjudication may be available to certain eligible defendants in Bexar County, potentially allowing them to avoid a permanent conviction. Eligibility depends on the specific facts and circumstances of each case.
Why Clients Choose The Locke Law Group for Drug Trafficking Defense
Shannon Locke is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential held by fewer than 10% of Texas attorneys. Earning it requires peer references from judges and fellow attorneys, advanced legal training, and a rigorous written examination. Our team also includes a former San Antonio police officer, meaning we understand how drug investigations unfold from the first surveillance operation through the arrest report.
That combination of perspectives shapes how we build defenses. We’ve earned recognition from the National Trial Lawyers (Top 100 Trial Lawyers) and the American Institute of Criminal Law Attorneys (10 Best in Client Satisfaction) for our criminal defense work. We serve clients in English and Spanish, are available 24/7, and offer flexible payment plans tailored to each client’s situation. Every case starts with a free consultation.
Speak with a San Antonio Drug Trafficking Defense Attorney Today
In trafficking cases, earlier attorney involvement means more options remain open, from challenging evidence before it solidifies in the prosecution’s case to pursuing diversion programs before charging decisions are finalized. The sooner we can review what happened, the better positioned we are to respond.
Contact The Locke Law Group to schedule your free consultation. We’re available around the clock, serve clients in English and Spanish, and offer flexible payment options. Call (210) 361-3113 now to speak with a San Antonio drug trafficking attorney.
