Summary:
Drug possession charges in Arlington can carry serious penalties, even if the amount seems small or was meant for personal use. Police often file intent-to-distribute charges based on circumstantial evidence, which can make your situation worse. An experienced Arlington drug crime lawyer can help challenge the evidence and fight for a better outcome.
It doesn’t take much to find yourself facing a drug possession charge in Arlington. You could be pulled over for speeding, and an officer spots a baggie in your console, or a friend leaves something in your car without you knowing. Either way, you’re the one being charged.
Texas laws treat possession seriously, and Arlington police enforce them aggressively. Knowing how possession is defined, what counts as “intent to distribute,” and what defenses you have can make all the difference. Here’s what you need to know before you decide what to do next.
What Counts As Drug Possession In Arlington
Texas law defines possession as having “care, custody, control, or management” of a controlled substance. In other words, you don’t have to be holding the drugs in your hand to be charged.
There are two ways prosecutors prove possession:
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- Actual possession: drugs found directly on you, like in your pocket or backpack.
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- Constructive possession: drugs found in a place you have access to or control over, like your car, your bedroom, or even under your seat in a shared vehicle.
If police find drugs near you and think you knew they were there, you can still face charges. That’s why it’s so important to have an Arlington drug crime lawyer who can argue what happened.
Personal Use VS. Intent To Distribute
Not all possession charges are treated the same. The amount of the drug and how it’s packaged often determines whether police accuse you of personal use or intent to distribute.
Here’s how they differ:
Personal Use
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- Small amounts, usually for one person.
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- No evidence of sales activity, like baggies, scales, or large amounts of cash.
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- Usually charged as a misdemeanor for marijuana or a state jail felony for harder drugs.
Intent To Distribute
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- Larger quantities, sometimes more than one person could reasonably use.
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- Packaging materials, scales, or text messages suggesting sales.
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- Charged as a more serious felony with longer prison terms and bigger fines.
Police in Arlington sometimes overcharge cases as “intent” based only on circumstantial evidence. A skilled Arlington drug crime attorney can challenge those assumptions and work to have charges reduced to personal use when appropriate.
Other Scenarios That Lead To Possession Charges
You don’t always have to be the one using drugs to get charged with possession. Arlington police often file charges in situations where someone else’s drugs are nearby.
For example, if you’re riding in a car and drugs are found under the seat, everyone in the vehicle could be arrested until someone takes responsibility. The same goes for being in a house where drugs are present, even if you didn’t bring them.
Another common scenario is prescription medication. Carrying pills that aren’t prescribed to you, even if a friend gave them to you, can lead to a possession charge. Forging or altering a prescription can also turn into a separate felony charge.
Penalties For Possession Charges In Arlington
Drug possession penalties depend on the type of drug and how much is found. Even small amounts can carry heavy consequences under Texas law. Here’s a look at common scenarios:
| Drug & Amount | Charge Level | Potential Penalty |
| Marijuana under 2 oz | Class B misdemeanor | Up to 180 days in jail + $2,000 fine |
| Marijuana over 4 oz | State jail felony | 6 months–2 years + $10,000 fine |
| Cocaine or meth under 1g | State jail felony | 6 months–2 years + $10,000 fine |
| Cocaine or meth 1–4g | Third-degree felony | 2–10 years + $10,000 fine |
| Prescription drugs without valid Rx | Misdemeanor or felony | Depends on amount & circumstances |
Even misdemeanors leave you with a criminal record that can hurt your job, housing, and education opportunities. If you’re facing any of these charges, an Arlington drug crime law firm can help protect your future.
Why You Need An Arlington Drug Crime Attorney
Drug possession charges may seem straightforward, but they’re not always as clear-cut as the police make them sound. Prosecutors still have to prove the drugs were yours, that you knew about them, and that the evidence was gathered legally. That’s where having the right help makes all the difference.
We help you by digging into the facts of your case. Were the drugs really in your possession? Was the search legal? Was the amount enough to prove intent? These are just some of the questions an experienced Arlington drug crime lawyer can use to weaken the case against you.
When your record, your freedom, and your future are on the line, you don’t want to face the system alone. Our Arlington drug crime law firm fights for the best possible outcome in every case.
Defenses To Possession Charges
Even if police found drugs nearby, it doesn’t always mean the case against you is solid. Below are some of the most common defenses an Arlington drug crime attorney can raise on your behalf. Each focuses on exposing weak evidence or violations of your rights.
If You Have Lack Of Knowledge
You can’t be guilty of possession if you didn’t know the drugs were there. This happens often when someone borrows a car or stays in a room where drugs are hidden. If the prosecution can’t prove you knew about the drugs, the charge may not stick.
If It WasAn Illegal Search & Seizure
Police are required to follow strict rules when searching you, your car, or your home. If they didn’t have a warrant, probable cause, or your consent, the evidence they found might be thrown out. Without the drugs as evidence, the case can collapse.
If There Is No Proof Of Possession
Constructive possession is hard to prove if others had access to the same area. Just being near drugs isn’t enough; prosecutors must show you had control or ownership. Pointing out shared spaces or a lack of fingerprints can strengthen this defense.
If You Have Medical Or Prescription Defense
Sometimes, drugs that are legal with a prescription still lead to charges if you can’t prove it. If you had a valid prescription at the time of your arrest, your lawyer can present that as evidence. This is especially common in cases involving painkillers or anxiety medications.
Don’t Let A Possession Charge Define You
A drug possession charge in Arlington can feel like the end of the road, but it doesn’t have to be. With the right defense, it’s possible to reduce your charges, avoid jail time, or even get your case dismissed entirely.
At Arlington Criminal Attorneys, we help you understand your options and fight for your future every step of the way. Our team knows how to challenge weak evidence, protect your rights, and guide you through the process with confidence.
Call our Arlington drug crime law firm today to speak with an experienced Arlington drug crime lawyer about your case. The sooner you act, the better your chances of a favorable outcome.
