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Felony Drug Possession

A bad search can destroy a felony drug case. 

If police extended a traffic stop without lawful grounds, forced consent, entered the wrong place, or exceeded the scope of a warrant, the evidence they found may be subject to suppression.

Paul F. Tu Attorney at Law represents people facing serious controlled-substance charges in Richmond, Fort Bend County, and surrounding Texas communities. Drawing on more than two decades in criminal law, Paul Tu examines the seizure, the alleged connection between the accused and the drugs, the laboratory findings, and every enhancement. The defense is built to pursue suppression, rejection, dismissal, reduction, or trial.

The first step is identifying the charge, the alleged drug, and the evidence the State claims connects the accused to both.

Representation for the Full Range of Texas Felony Drug Charges

The Texas Controlled Substances Act divides regulated substances into penalty groups and generally grades possession by aggregate weight, including adulterants and dilutants. The substance, tested quantity, and charging provision can change both the felony level and the available defense.

Our top-rated defense attorney defends charges involving:

A Texas felony drug possession attorney should confirm the penalty group, tested weight, and charging statute rather than accept the police classification as correct.

Every Felony Charge in Texas Begins With the State’s Burden

The Texas Penal Code defines possession as actual care, custody, control, or management. The prosecution must prove more than proximity. It must establish that the accused knew the substance was present and exercised control over it.

That distinction matters when police find drugs in a car with several passengers, a home occupied by multiple people, or a bag belonging to someone else. Prosecutors may rely on location, ownership, fingerprints, belongings, statements, or conduct to connect a person to the drugs. A Fort Bend County drug possession lawyer can test whether those circumstances prove knowing control or merely create suspicion.

When Police Crossed the Line Before Finding the Drugs

The strength of a drug prosecution often depends on whether officers had lawful authority to stop, detain, search, and seize. The Fourth Amendment protects against unreasonable searches and seizures. A traffic violation does not give police unlimited time or permission to search every part of a vehicle. Consent must be voluntary, and a search warrant must rest on probable cause.

Paul F. Tu Attorney at Law reviews body-camera footage, dash-camera video, dispatch records, search warrants, affidavits, consent claims, and officer reports. The defense may challenge a prolonged stop, unsupported detention, defective warrant, coerced consent, or search extending beyond its lawful scope. Evidence obtained unlawfully may be excluded under Article 38.23 of the Texas Code of Criminal Procedure. 

Laboratory Reports Must Be Tested, Not Assumed Correct

A roadside field test is not the final word on chemical identity or legal weight. The Texas Department of Public Safety Seized Drugs Section explains that analysts examine evidence to determine whether it contains controlled substances. The prosecution generally depends on laboratory analysis to prove what the material is and whether its weight satisfies the charged range.

A Texas drug crime lawyer can examine whether the laboratory received the correct exhibit, preserved the sample, followed reliable methods, and accurately reported its weight. Chain-of-custody gaps, inconsistent labels, broken seals, contamination, or unexplained weight differences may weaken the State’s proof. The Texas DPS Crime Laboratory provides the forensic services commonly used to analyze seized evidence. Prescription records may also defeat an accusation. 

Intent to Deliver Must Be Proved Separately

Possession with intent to deliver carries greater exposure than possession alone. Texas Health and Safety Code § 481.112 addresses manufacture or delivery of Penalty Group 1 or 1-B substances. Prosecutors may cite quantity, packaging, scales, cash, messages, or surveillance as proof of distribution.

Those facts require context. Cash may come from lawful employment, messages may be ambiguous, and packaging materials may belong to someone else. Quantity may also be consistent with personal use. Our defense attorney examines whether the evidence proves intent to deliver or whether the State increased the charge based on assumption.

Felony Punishment Can Follow You Long After Court

The potential sentence depends on the drug’s penalty group and aggregate weight, the defendant’s criminal record, and any enhancement alleged by prosecutors. A state jail felony generally carries 180 days to two years in a state jail. A third-degree felony carries two to 10 years, a second-degree felony carries two to 20 years, and a first-degree felony carries five to 99 years or life. In qualifying cases, drug-free-zone allegations can increase the offense level, add years to the minimum sentence, or increase the maximum fine. Prior convictions may also raise the punishment range under the Texas repeat and habitual offender statute.

The statutory range is only the beginning of the exposure. Community supervision, when legally available, may require strict reporting, drug testing, treatment, travel restrictions, or compliance with other court-ordered conditions. A felony conviction may also affect employment and occupational licensing, restrict firearm possession under Texas Penal Code § 46.04, and create serious immigration consequences for noncitizens. These consequences make the exact charge, any enhancement, and the final disposition important from the beginning. Effective representation must address not only possible incarceration, but every lasting legal consequence tied to the prosecution.

A Richmond Felony Drug Possession Lawyer Can Challenge the Case Before It Defines You

A felony accusation does not determine the final result, but delay can allow video, witness information, and other valuable evidence to disappear. Paul F. Tu Attorney at Law provides personalized, trial-focused representation for people accused of felony drug possession in Richmond and Fort Bend County. Call 713-774-2800 or contact us today to place the State’s possession theory, search, laboratory evidence, and enhancements under immediate review.