Drug Possession Lawyer Serving Cedar Park, TX

Protecting Your Freedom, Your Record, and Your Future

Cedar Park consistently ranks among the best small cities in the United States to live in. It’s known for its strong sense of community, high quality of life, and relatively low crime rate. One reason for this is that local law enforcement takes criminal activity seriously, and drug offenses are no exception.

Drug possession charges can involve a wide range of controlled substances and carry serious consequences. An arrest does not mean you are guilty, and the prosecution must prove every element of the charge beyond a reasonable doubt.

If you are facing these allegations, working with an experienced drug possession lawyer who understands how these cases are built and prosecuted is critical. Todd Ver Weire brings more than 30 years of experience defending drug possession cases. His background also includes time spent as a prosecutor, which gives him insight into how these cases are charged and where they may be challenged.

How Texas Law Defines Drug Possession

Under Texas law, possession does not require ownership of a controlled substance. Texas Health and Safety Code § 481.002(38) defines possession as “actual care, custody, control, or management” of a substance.

This means a person may be charged even if the drugs did not belong to them or were not found on their person.

The Reliance on Proximity 

Law enforcement often relies on proximity when filing possession charges. If drugs are discovered in a vehicle you occupied, a shared residence, or another common area, you may be accused of possession even when there is no clear proof that you knew the substance was there.

Proximity alone, however, is not supposed to be enough to support a conviction.  The rear passenger’s baggie on the floorboard by their foot should not be imputed to the driver, just like the baggie in the driver’s door should not be imputed to the rear-seat passenger.

Knowledge and Control Must Be Proven

To secure a drug possession conviction, the prosecution must show that you knew the substance existed and exercised control over it. Prosecutors often rely on proximity, personal belongings, or statements to support that claim.

The key issue is whether the state can establish a “meaningful link” between you and the substance. If it cannot, the charge may be open to challenge. Todd Ver Weire reviews the circumstances of your arrest to determine whether that link is lacking and how it may be raised in your defense.

Misdemeanor vs Felony Possession Charges

When Charges May Be Filed as Misdemeanors

Drug possession charges in Texas are more likely to be treated as misdemeanors when the case involves:

  • Smaller quantities of a controlled substance
  • Substances classified less severely under Texas law
  • No prior drug-related convictions
  • No evidence suggesting delivery or distribution
  • No additional drug-related allegations tied to the arrest

When Charges May Be Filed as Felonies

Charges are more likely to be filed as felonies when the case involves:

  • Larger quantities of a controlled substance
  • Certain substances classified more severely under Texas law (e.g. meth, or fentanyl)
  • Prior drug-related convictions
  • Multiple controlled substances found at the same time
  • Allegations beyond simple possession, such as delivery or intent to distribute

How a charge is classified has a significant bearing on your case, as felony charges carry far more serious consequences. As your criminal defense attorney, Todd Ver Weire ensures that the law has been applied properly. Where misclassification is present, he can work to have charges reduced or, where appropriate, dismissed.

Potential Penalties for Drug Possession in Texas

Misdemeanor Possession

Some possession offenses may be charged as misdemeanors, depending on the substance and quantity:

  • Class B misdemeanor
    • Up to 180 days in county jail
    • Up to $2,000 in fines
  • Class A misdemeanor
    • Up to 1 year in county jail
    • Up to $4,000 in fines

A misdemeanor possession conviction still results in a permanent criminal record.

Felony Possession

Many possession cases are charged as felonies under Texas law:

  • State jail felony
    • 180 days to 2 years in a state jail facility
    • Up to $10,000 in fines
  • Third-degree felony
    • 2 to 10 years in prison
  • Second-degree felony
    • 2 to 20 years in prison
  • First-degree felony
    • 5 to 99 years or life in prison

Felony possession charges may also carry fines of up to $10,000.

Penalties increase sharply as charges escalate, which is why it’s so important to contact a drug possession lawyer as soon as possible. Furthermore, if you had a prior trip or two to prison in Texas, or another state, your punishment range is significantly different, and you could find yourself facing a range of 25 to life.  

Possible Defenses to Drug Possession Charges

The strength of the prosecution’s case often rests on how the evidence was obtained and whether it demonstrates a “meaningful link” between you and the substance. Potential defenses to drug possession charges in Texas may include:

Lack of Knowledge or Control

One of the most common defenses in possession cases is showing that you did not know the substance existed or did not exercise control over it. This issue frequently arises in cases involving shared vehicles, shared residences, or situations where multiple people had access to the same space.

If the state cannot establish a “meaningful link” between you and the substance, the charge may be open to challenge.

Illegal Search and Seizure

Evidence is often discovered during traffic stops, searches of vehicles, or searches of homes. Law enforcement must follow strict constitutional rules when conducting searches and seizures.

If officers lacked probable cause, exceeded the scope of a search, or violated your rights, evidence may be suppressed. 

Weak or Circumstantial Evidence

Many possession cases rely heavily on circumstantial evidence rather than direct proof. Proximity alone, assumptions made by officers, or incomplete testing procedures can all raise issues about whether the evidence is reliable.

Attorney Todd Ver Weire can review how evidence was collected, handled, and tested to reveal potential weaknesses that may be used in your defense. 

Facing Drug Possession Charges in Cedar Park? Contact the Law Office of W. Todd Ver Weire

When you work with attorney Todd Ver Weire, you gain:

A Former Prosecutor’s Insight

Todd Ver Weire has more than 30 years of legal experience, including time as a prosecutor. That background gives him insight into how drug possession cases are charged and where weaknesses may exist.

Respected Criminal Defense Across Central Texas

Todd Ver Weire is respected in Cedar Park and Williamson County for his principled criminal defense work and commitment to the local community.

Contact the Law Office of W. Todd Ver Weire to discuss your situation and learn how your case may be defended.