Free consultations · Available nights & weekends · Call 979-485-9954
Free consultations · Available nights & weekends · Call 979-485-9954
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Most drug cases are really search cases. If the search was bad, the drugs may never reach a jury. Free consultation: 979-485-9954.
Texas classifies controlled substances into penalty groups, and the group plus the weight determines whether you are facing a misdemeanor or decades in prison. Before any of that matters, the State has to prove the evidence was lawfully obtained — and that is where these cases are usually won.
Roadside consent, a dog sniff, the smell of marijuana, a “plain view” claim, a warrantless entry, a search incident to arrest — each has legal limits, and each is documented in the officer’s own report and body camera.
Attorney Donnie Andreski spent more than 20 years with the College Station Police Department, finishing as the lieutenant over criminal investigations. Attorney Adam Andreski prosecuted cases in Harris and Brazos County before joining the defense. Reading a search narrative next to the footage, from the perspective of someone who used to write and supervise those narratives, is how suppression issues get found.
The State must prove you knowingly exercised care, custody, and control over the substance. In a car with four people, a shared apartment, or a bag that was not yours, that link is an argument, not a fact.
Lab results matter too: substance identity, actual weight, whether adulterants were included, and whether the analysis followed protocol.
| Charge | Classification | Exposure |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days–2 years state jail |
| 1 to 4 grams | Third-degree felony | 2–10 years prison |
| 4 to 200 grams | Second-degree felony | 2–20 years prison |
| 200 to 400 grams | First-degree felony | 5–99 years or life |
| 400 grams or more | Enhanced first degree | 10–99 years or life, up to $100,000 fine |
Penalty ranges are general. Enhancements, prior convictions, and the facts of your case can change the exposure significantly.
Possibly — the State does not have to prove ownership, only that you knowingly had care, custody, or control. But the more people with access to the space or vehicle, the weaker that link becomes, and it is a link we attack directly.
There are options in appropriate cases, and eligibility depends on the charge, your history, and how early we get involved. Voluntarily starting treatment before court can change what is available to you.
That claim is doing a lot of work in a lot of reports, and it is increasingly contested given hemp legality in Texas. Whether it justified this search is a fact question we litigate with the footage.
Anything you say to justify what officers found becomes an admission. Let us look at the search first — the consultation is free.
