Do First-Time Drug Offenders Go to Jail in Texas?

Whether a first-time drug offender spends time in jail following a conviction depends on many circumstances. For those who possessed only a small amount of certain drugs, including marijuana, it is possible to avoid jail and receive probation instead. Under Texas law, probation is officially known as “community supervision.”

To give you a fighting chance of clearing your name or avoiding time behind bars, you want to work with a Houston drug possession lawyer from our firm. Your attorney will build a convincing case to fight for the best possible outcome in your case.

What Factors Play a Role in the Sentence for a Drug Offense?

Several factors play a role in the sentence you might receive if convicted of a drug charge in Texas. This includes:

• The type of drug involved
• The amount of the drug in your possession
• Your criminal history, especially with drug or alcohol-related offenses (Habitual offenders often receive more severe sentences. First-time offenders often avoid these more serious punishments.)
• Aggravating factors, such as if a child had access to the drugs or if you were selling drugs to a child
• Mitigating factors, which your attorney should present as a central part of your case, such as rehabilitation efforts after your arrest

The Texas Controlled Substances Act classifies drugs into penalty groups. Each group has its own consequences if convicted. The following penalty groups call for a state jail felony charge even if you only possessed a small amount of the drug: 

• PG I: The most heavily controlled substances, including some opioids, cocaine, heroin, and methamphetamines
• PG I-A: LSD and related drugs
• PG I-B: Fentanyl
• PG II: Hallucinogenic substances, such as ecstasy

A state jail felony is punishable by 180 days to two years in a state jail facility. But for a first-time offender convicted of possessing a small amount of these drugs, Texas law requires the judge to suspend that sentence and place you on community supervision.

If you possess any amount of these drugs, you will likely face felony charges, and avoiding jail time may be more difficult. For most other types of drugs (those in PG II-A, PG III, and PG IV), a relatively small amount will likely result in a misdemeanor charge, and it may be easier to negotiate community supervision. 

For marijuana, anything less than four ounces is a misdemeanor charge.

Do All Drug Charge Convictions Call for Jail Time in Texas?

In general, yes. Other than a fine-only Class C charge like possessing drug paraphernalia, you could receive time behind bars for any drug conviction in Texas. This could include: 

• Jail Time: For misdemeanors or state jail felonies
• Prison Time: For third-, second-, and first-degree felony convictions

However, this is unlikely for first-time drug offenders arrested with certain drugs. You will only face misdemeanor charges for possession of: 

• Less than four ounces of marijuana
• Less than four ounces of synthetic marijuana, K2, or Spice
• Less than 28 grams of Penalty Group 3 drugs, like Xanax and Ritalin
• Less than 28 grams of other prescription medications with a potential for abuse

While a misdemeanor offense could call for jail time, our team can often negotiate an agreement for community supervision for first-time offenders convicted of the crime. 

We could also get a charge reduced from a felony to a misdemeanor or dismissed entirely.

You Have Options Following a Drug Possession Arrest in Texas

You can fight drug possession charges. You do not have to accept any of the penalties associated with a conviction, including jail time. Working with an attorney with a strong reputation for winning these cases will allow you to explore your legal options and pursue a better outcome based on the unique circumstances of your arrest. You don’t want just any attorney; you want Jay Blass Cohen.

Some of the routes Jay might take for a drug possession case include: 

Countering the Evidence

With our team, it may be possible to dispute the evidence in your case, such as whether you possessed the drug or if the substance was actually an illegal drug. This could allow you to avoid charges or lead to charges being dropped. 

Jay’s ACS-CHAL Forensic Lawyer-Scientist designation can help him and the team establish that whatever you had in your possession was not an illicit substance. 

Getting Evidence Barred From Court

If police officers made mistakes, mishandled your arrest, or violated your rights, it might be possible to get evidence barred from the case. This could lead to reduced charges or charges being dropped entirely. 

Fighting the Charges in Court

Sometimes, the best option is to fight the case in court. If there is strong evidence to support your innocence, your attorney can take the case to trial and ask the jury to acquit you. With an acquittal at trial, you will not face any legal consequences related to the arrest or charges. 

Participating in a Pretrial Diversion Program

For some, a pretrial diversion program is a good option. These programs are meant for first-time offenders with non-violent charges. The program begins before your trial and, if successfully completed, stops the charges there. You are not convicted and do not face jail time or other consequences.

Hiring a Drug Charges Lawyer Can Benefit Your Case and Your Future

One of the best ways to give yourself a fighting chance of avoiding jail time for a drug charge is to hire a Houston possession of a controlled substance lawyer from our firm to manage your case. They may help you avoid jail and other significant penalties and keep your criminal record clear. 

The outcome of your case will shape your future, so pick a drug charges lawyer with the know-how and the resources to fight for you. You want Jay on your side. Even as a first-time offender, you could face life-altering consequences if you’re convicted of drug possession, especially on felony charges. You want the charges knocked down and the case against you weakened. When it’s possible, you want your name cleared.

Contact our Houston drug possession lawyer as soon as possible after you learn of the allegations against you or you are arrested. This puts your legal team in the best position to effectively fight the accusations, prevent the charges, or otherwise take steps to win your case.

Our Attorney Can Fight for a Better Outcome in Your Case

At Blass Law, Attorney Jay Blass Cohen fights for our clients’ best interests. You can count on him to develop a compelling defense strategy in your case and work to clear your name. He is an ACS-CHAL Forensic Lawyer-Scientist and trained in forensic chromatography for both alcohol and drugs. He has the necessary knowledge, experience, and skills to challenge your arrest and charges.

We provide confidential consultations. Contact us today to learn more about how we can help with your case.