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Montgomery Drug Possession Lawyer
by Brian LaVine / Last Updated: June 13, 2026

A drug possession arrest in Montgomery County can lead to jail, fines, and a permanent criminal record. At LaVine Law Firm, our Montgomery drug possession lawyer defends your rights. Call us now at 713-489-7734. Drug possession charges may involve marijuana, cocaine, methamphetamine, heroin, or prescription drugs. We focus on Montgomery County, Texas, and we fight for your future.

Drug charges in Montgomery County bring severe consequences. The stress begins immediately after an arrest. A Montgomery drug possession lawyer at LaVine Law Firm understands what is at stake. Law enforcement often starts cases with traffic stops, probation checks, or search warrants. An illegal search and seizure violates your Fourth Amendment rights. We defend people facing drug charges and work diligently to protect your rights. Do not speak to the police without a defense attorney.

How LaVine Law Firm Helps With a Drug Crime in Montgomery

We are your drug crime lawyers. We handle every type of drug crime, from simple possession to drug manufacturing. Here is how we defend you:

  • We review the prosecution's evidence and arrest reports.
  • We challenge illegal stops, searches, or seizures.
  • We examine lab tests and the chain of custody.
  • We analyze whether you had actual or constructive possession.
  • We negotiate for reduced charges, drug court, or dismissal.
  • We take your case to trial when necessary.

Our law firm handles illegal possession of illegal drugs and prescription medications. We also defend cases involving drug trafficking allegations. We work diligently to protect your rights and avoid a criminal record.

Don't Face Drug Possession Charges Alone
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Overview of Drug Possession and Controlled Substances in Texas

Drug possession in Texas depends on several factors. The court looks at the type of controlled substances, the weight, and your prior criminal history. Other factors include whether you had a valid prescription for prescription drugs. The federal government also prosecutes some drug crimes, but most cases stay in state court. Possession requires knowledge and control, not just being near drugs. An experienced attorney can challenge the prosecution's evidence on these points.

Common Controlled Substances in Montgomery Drug Cases

Drug cases in Montgomery County involve many illegal drugs. The type of drugs involved changes the potential penalties.

  • Cocaine
  • Methamphetamine
  • Heroin
  • Marijuana
  • Prescription opioids
  • Benzodiazepines
  • THC concentrates
  • Ecstasy

Marijuana possession can lead to jail time and fines. Cocaine or methamphetamine possession often brings felony charges. A valid prescription for prescription medications can be a complete defense.

Potential Penalties for Drug Possession in Montgomery, Texas

Penalties for drug possession charges depend on the substance, weight, and the person’s criminal history. The specific circumstances of your case matter greatly. Even a first offense can bring harsh penalties. Below are the potential penalties based on the crime committed:

  • Class B misdemeanor: Simple possession of a small amount of marijuana. This can lead to up to six months in jail and hefty fines.
  • Class A misdemeanor: Possession of larger amounts or certain controlled substances.
  • State jail felony: Applies to small amounts of harder drugs. Texas Department of Criminal Justice data shows that 31% of Texas jail bookings in April 2019 were for drug charges.
  • First-degree felony: Drug trafficking or possession of large quantities. This can bring serious prison time and the most severe penalties.
  • Other outcomes: Drug court, probation, or mandatory treatment may replace or reduce jail time.

Every person faces different risks based on their unique circumstances. Do not face these penalties alone.

When Drug Possession Becomes Drug Trafficking or Intent to Sell

Prosecutors may claim intent to sell based on specific evidence. Intent to sell turns simple possession into drug trafficking. Factors that lead to these charges include:

  • Large quantities of drugs
  • Multiple baggies or packaging
  • Scales or large amounts of cash
  • Firearms were found with the drugs
  • Messages suggesting drug dealing

Possession and drug trafficking are different allegations. Police may overcharge based on assumptions. Our defense strategy challenges whether the evidence actually proves intent to sell or deal.

Other Consequences of a Drug Possession Conviction in Texas

A drug possession conviction brings more than jail time and fines. The long-term effects can alter your entire future.

  • A permanent criminal record appears on job background checks.
  • Professional licensing issues can end your career.
  • Housing problems may arise because landlords often reject applicants with drug records.
  • Immigration consequences could lead to deportation or denial of citizenship.
  • College or financial aid problems can block education and student loans.
  • Driver’s license concerns may limit your ability to work or drive.
  • Child custody or family court complications can affect your family.
  • Probation restrictions control your daily life for years.

Even a misdemeanor drug possession conviction can follow a person for years. Some cases may involve options like diversion, deferred adjudication, dismissal, or record sealing, depending on the facts and eligibility. Legal representation can help you avoid these severe consequences.

How to Defend Against a Drug Possession Charge

Do not plead guilty without talking to a lawyer. An experienced lawyer can challenge the case in many ways.

  • Illegal traffic stop. Police need reasonable suspicion to stop your car.
  • Illegal search. Officers searched without a warrant or your consent.
  • Lack of knowledge. You did not know the drugs were there.
  • Lack of possession. The drugs belonged to someone else.
  • Lab problems. The chain of custody has gaps.

We defend against criminal charges by attacking the prosecution's evidence. We protect your Fourth Amendment rights at every stage. A defense attorney may get the case dismissed or win at trial.

Evidence We Review in a Montgomery County Drug Case

We review every piece of evidence in your case. Thorough legal representation finds weaknesses.

  • Police reports and bodycam footage
  • Search warrant and probable cause
  • Lab reports and chain of custody
  • Witness statements and informant records

An evidence review can reveal problems with illegal searches or seizures. We use those problems to seek dismissal or suppression.

FAQ About Drug Possession Charges in Montgomery County

Do I need a Montgomery drug possession lawyer for a first offense?

Yes. A first offense can still bring jail time, fines, probation, and a criminal record that affects your future.

What are the potential penalties for drug possession in Texas?

Penalties depend on the substance type, weight, penalty group, criminal history, and whether prosecutors allege intent to sell.

Can drug possession charges be dismissed?

Yes. Dismissal may happen if the police lacked probable cause, violated search rules, or cannot prove knowing possession.

What if the controlled substances belonged to someone else?

Being near drugs is not enough. Prosecutors must prove knowledge and control beyond a reasonable doubt.

Can drug possession become drug trafficking?

Yes. Large quantities of cash, scales, or messages suggesting sales can lead to drug trafficking charges.

Does LaVine Law Firm offer a free consultation?

Yes. Contact us for a free consultation about your drug possession charges.

Schedule a Free Consultation With a Montgomery Drug Possession Lawyer

You need legal help immediately if you face drug possession charges in Montgomery County. Do not speak with prosecutors or accept a plea deal without a defense attorney. LaVine Law Firm offers a free consultation. Call us at 713-489-7734 to schedule your free consultation with a Montgomery drug possession lawyer. We are ready to defend your rights and protect your future. Contact us today.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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