Drug Possession Lawyer Serving Hutto, TX

Strategic Criminal Defense From a Former Prosecutor

Hutto is a small, family-friendly city northeast of Austin that’s been growing over the years. As such, it’s not immune to crime. Drug offenses, particularly those involving fentanyl, have become a growing concern.

Drug possession charges involving fentanyl or other controlled substances can carry serious consequences under Texas law. If you are facing these allegations, it is important to work with a drug possession attorney who understands how cases are investigated and prosecuted in Williamson County.

Having previously worked as a prosecutor and now practicing as a criminal defense lawyer, Todd Ver Weire understands the criminal justice system from both sides. That background provides insight into how the state builds and evaluates drug possession cases. When weaknesses exist in the prosecution’s case, Todd can identify them and use them in your defense. 

How Texas Law Defines Drug Possession

The definition of possession is outlined in Texas Health and Safety Code § 481.002(38). The statute defines possession as “actual care, custody, control, or management” of a substance.

In practical terms, you do not need to own the drugs or even be caught holding them to be charged. 

Police Rely on Location and Access

Proximity is often the foundation of drug possession charges. Drugs discovered in a vehicle, shared residence, or other common area can lead to charges against anyone who had access to that space. 

However, proximity alone is not enough to secure a conviction. Just because everyone in the car was arrested due to there being drugs in the vehicle, where those drugs were located plays a critical role in determining innocence or guilt.  

There Must be a “Meaningful Connection”

To secure a drug possession conviction, the prosecution must show that you knew the substance existed and exercised some level of control over it. This requirement is often described as a “meaningful connection” between the accused and the substance.  For instance, the baggie by your feet on the floorboard may demonstrate a meaningful connection.  However, if that baggie is covered in dust and debris, and you just got in the vehicle, you may have a defense.

When the evidence does not clearly establish knowledge or control, the charge may be open to challenge. As your drug possession lawyer, Todd Ver Weire will review the evidence closely. If a “meaningful connection” cannot be established, that weakness may form an important part of your defense strategy.

Lower- and Higher-Level Possession Charges

Drug possession cases in Hutto can be charged at different levels depending on the circumstances of the arrest. The quantity involved, the type of substance, and a person’s prior record all play a role in how the state chooses to proceed.

When Possession May Be Charged as a Misdemeanor

  • Very small or trace amounts of a controlled substance
  • Drugs placed in lower penalty categories under Texas law
  • No prior history of drug-related offenses
  • No indicators suggesting sale, delivery, or distribution
  • No additional criminal allegations connected to the arrest

Factors That Can Elevate Possession to a Felony

  • Larger quantities that exceed statutory thresholds (bulk buying is bad)
  • Substances such as fentanyl that Texas law treats more severely
  • Previous drug convictions on record
  • More than one controlled substance was discovered
  • Claims that go beyond possession, such as intent to distribute

Possessing marijuana in Texas is still a crime.  Just because certain jurisdictions may turn a blind eye towards possessing a joint, the law unequivocally states that it is illegal.  Even the compassionate use law in Texas limits your ability to use medical marijuana to oils, tinctures, gummies, topicals, and lozenges. A joint is NOT permissible under the compassionate use program in Texas. Felony drug possession charges in Texas carry much harsher penalties, which makes proper classification critical. Law enforcement does not always get this right.

As your criminal defense attorney, Todd Ver Weire can review whether the charge fits the facts of your case and seek a reduction or dismissal where appropriate.

Criminal Penalties for Drug Possession in Texas

Drug possession penalties in Texas vary depending on the substance involved and how the charge is classified.

Misdemeanor Drug Possession Penalties

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

Felony Drug Possession Penalties

  • 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
    • Up to $10,000 in fines
  • Second-degree felony
    • 2 to 20 years in prison
    • Up to $10,000 in fines
  • First-degree felony
    • 5 to 99 years or life in prison
    • Up to $10,000 in fines

Regardless of the level of the charge, early guidance from a drug possession lawyer can make a big difference. Todd Ver Weire can review the facts of your case and work to prevent charges from escalating where possible.

Possible Defenses to Drug Possession Charges

Drug possession cases often turn on whether the state can establish a “meaningful connection” between the accused and the controlled substance. There are also constitutional and evidentiary requirements that law enforcement must follow when investigating these cases.

Potential defenses to drug possession charges in Texas may include:

Challenging Allegations of Knowledge or Control

A key issue in many possession cases is whether the accused was actually aware of the substance and had the ability to control it. Drugs discovered in vehicles, residences, or other shared spaces do not necessarily belong to or involve everyone present. When the evidence does not clearly show awareness or control, the state’s case may fall short.

Constitutional Issues With Searches

Many possession charges arise from traffic stops or searches during police encounters. These searches must comply with constitutional standards, including requirements for probable cause or valid consent. If a stop was unlawful, consent was invalid, or officers exceeded the scope of a permitted search, the evidence obtained may be challenged and excluded.

Reliability of the Evidence

Problems such as improper evidence handling, breaks in the chain of custody, questionable testing procedures, or conclusions based solely on proximity can undermine the prosecution’s case. 

Todd Ver Weire will examine the state’s case against you in detail. If there is a lack of a “meaningful connection”, unconstitutional searches, or breaks in the chain of custody, those issues can form part of your defense strategy.

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

When you hire the Law Office of W. Todd Ver Weire, you gain: 

A Former Prosecutor’s Insight

With more than 30 years of experience, including time as a prosecutor, Todd Ver Weire knows how drug possession cases are built and where they may be vulnerable. 

Respected Criminal Defense in Hutto and Williamson County

Todd Ver Weire represents clients in Hutto and across Williamson County, offering experienced criminal defense grounded in a strong understanding of regional courts and procedures.

Contact The Law Office of W. Todd Ver Weire to review your situation and discuss how the charges may be addressed.