Drug Possession Lawyer Serving Georgetown, TX

Ensuring the Law Is Applied Fairly and Correctly

Georgetown is the administrative capital of Williamson County. While the city is generally considered safe, with relatively low levels of violent crime, it is not exempt from the drug possession and trafficking issues affecting Central Texas, primarily because I-35 runs right through the heart of the City..

Law enforcement activity in the area is ongoing, with particular attention given to substances such as fentanyl, cocaine, and methamphetamine. Residents may experience traffic stops, personal searches, or searches of their property, any of which can lead to an arrest.

Although law enforcement has significant authority, that authority is not unlimited. Officers must act within the bounds of the law. If you’ve been charged, it is important to work with a drug possession attorney who understands how the criminal justice system operates in Williamson County. Todd Ver Weire has experience on both sides of the courtroom, having previously worked as a prosecutor and now as a criminal defense attorney. That background provides insight into how drug possession cases are built and where they can break down.

Key Legal Standards for Drug Possession in Texas

Texas Health and Safety Code § 481.002(38) defines “possession” as “actual care, custody, control, or management” of a controlled substance.

In practical terms, ownership is not required. A person can be charged with possession even if the drugs belong to someone else.  It all comes down to an ever-shifting landscape of what is considered constructive possession, coupled with the requisite mens rea.  

How Location and Access Factor Into Arrests

In many cases, possession charges are based on where drugs are found. Substances found in vehicles, shared homes, or other common areas may result in charges against individuals who had access to the location at the time.

Access alone, however, does not automatically establish possession. Being present near a controlled substance is not the same as exercising control over it.  The baggie in your buddy’s seat pocket does not necessarily fall under your control.

The State Must Establish a Meaningful Connection

To obtain a conviction, the prosecution must show that the accused knew the substance was present and had the ability to control it. This requirement is often described as the need for a “meaningful connection” between the individual and the drugs.

When the evidence does not clearly demonstrate both knowledge and control, the state may have difficulty proving the charge beyond a reasonable doubt.  For instance, a baggie in a coat pocket may seem like overwhelming evidence of control.  However, if you just asked your buddy to borrow the coat, did not check the pockets, and were stopped 10 feet out the door, you have argument as to why the drugs are not yours. 

As your drug possession lawyer, Todd Ver Weire applies these legal standards to the facts of your case. When a “meaningful connection” cannot be established, that issue may form a central part of your defense strategy.

How Texas Classifies Drug Possession Charges

When Possession Is More Likely to Be Charged as a Misdemeanor

Possession charges are often handled as misdemeanors when the circumstances suggest limited scope or risk. Factors that commonly point toward misdemeanor treatment include:

  • Minimal quantities of a controlled substance
  • Substances assigned to less severe penalty categories
  • No prior history of drug-related convictions
  • No evidence indicating distribution or delivery
  • No accompanying criminal allegations.

When Possession Is More Likely to Be Charged as a Felony

Possession may be charged as a felony when the situation reflects greater seriousness. Circumstances that may support felony-level charges include:

  • Amounts that exceed statutory limits
  • Controlled substances such as fentanyl, cocaine, or methamphetamine
  • Prior drug-related convictions
  • The presence of multiple controlled substances
  • Allegations that go beyond simple possession.

Felony charges carry far more severe penalties, which makes accurate classification essential. When charges are filed more aggressively than the facts support, Todd Ver Weire can seek a reduction or dismissal where appropriate.

Possible Sentencing Ranges for Drug Possession

Misdemeanor Sentencing Ranges

Lower-level possession offenses in Georgetown, Texas, are commonly charged as misdemeanors, which carry the following sentencing ranges:

  • Class B misdemeanor
    • Confinement for up to 180 days in county jail
    • A fine of up to $2,000
  • Class A misdemeanor
    • Confinement for up to 1 year in county jail
    • A fine of up to $4,000

Even at the misdemeanor level, a conviction creates a permanent criminal record.

Felony Sentencing Ranges

Felony drug possession convictions expose individuals to significantly harsher penalties under Texas law:

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

Penalties increase rapidly as charges escalate. Also, your prior criminal history plays a role as to the punishment range.  As your criminal defense attorney, Todd Ver Weire can evaluate whether the charge level is supported by the evidence and whether it can be reduced.

Possible Defenses to Drug Possession Charges in Georgetown

Drug possession cases require the state to meet specific legal and constitutional standards. Potential defenses include: 

Disputes Over Knowledge or Control

A possession charge requires proof that the accused was aware of the substance and had some ability to control it. Drugs found in shared vehicles, homes, or other common areas do not automatically establish that connection. Where evidence of knowledge or control is unclear, the state’s case may be undermined.

Issues With Stops and Searches

Possession charges often follow traffic stops or police searches. Officers must have lawful grounds for a stop and a valid legal basis to search, such as probable cause or consent. Searches that fall outside those limits may raise constitutional concerns.  A “drug dog” sticking their head into your vehicle through the window is NOT a good search, while walking them around the outside of the vehicle, or bags taken from the vehicle, may be a valid search, depending upon other factors. 

Evidence Handling Errors

In some cases, the reliability of the evidence itself is an issue. Problems such as breaks in the chain of custody, testing irregularities, or conclusions based largely on proximity rather than proof can weaken the prosecution’s position.

If any of these issues are present, Todd Ver Weire can identify their impact on the state’s case and use them to challenge the charge.

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

Working with the Law Office of Todd Ver Weire allows you to take advantage of: 

A Former Prosecutor’s Insight

With more than 30 years of legal experience, including prior work as a prosecutor, Todd Ver Weire understands how drug possession cases are reviewed, charged, and prosecuted. That background informs how cases are assessed and where the state’s approach may be overstated or unsupported.

Well-Established Criminal Defense in Georgetown

Todd has a long-standing presence in Georgetown and across Williamson County. He is familiar with regional courts, local procedures, and the practical realities that shape how cases move through the system.

Contact the Law Office of W. Todd Ver Weire today to discuss your legal options.