Few things are more terrifying than sitting handcuffed in the back of a police car, wondering if your future is gone for good.
But if you do find yourself arrested for drug possession in Travis County, try to remember that all hope is not lost. You are not alone. While most drug use is illegal, it is a common occurrence, which is why Austin has set up special programs to try to help those facing charges avoid convictions.
As a criminal defense law firm based in Austin, we at Chris Perri Law have extensive experience helping people arrested for drug crimes navigate the legal system and achieve favorable outcomes.
Drawing from firsthand knowledge, in this article, we’ll walk you through the various options available to those who’ve been arrested for drug possession in Austin.
Written by Chris Perri Law
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First, Which Drug Possession Crimes Does Travis County Prosecute?
Before we continue, it’s worth noting which sorts of drug possession cases the District Attorney and County Attorney offices are choosing to prosecute, and which they are not, as they have some discretion. For reference, the District Attorney oversees all felony-level cases, while the County Attorney handles misdemeanors. Elected in 2021, the Travis County District Attorney, Jose Garza, and the County Attorney, Delia Garza, have both expressed a commitment to decreasing the prosecution of non-violent crimes in Austin. This extends to minor drug crimes and is reflected in their policies.
Marijuana
If you are caught with less than four ounces of marijuana, then you will likely not be charged, as this amount of weed has been decriminalized in Austin. Decriminalization is not the same as legalization. The policy is essentially saying that police officers can forego arresting people for possessing small amounts of the plant. However, if you are caught with a felony-level amount of marijuana – four ounces or more – then you will likely be charged with a crime.
Controlled Substances
Under the leadership of D.A. Garza, Travis County prosecutors tend to forego pressing charges against someone caught with any felony-level drug, including heroin, cocaine, shrooms, or THC oil, in the amount of one gram or less. However, if you’re caught with more than one gram, then you’ll likely be charged with Possession of Controlled Substance, which is a felony.
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Three Legal Options for Those Arrested for Drug Possession in Austin
In line with their goal to reduce non-violent crime prosecutions, The District Attorney and County Attorney’s offices are also dedicated to reducing non-violent criminal convictions. This means that the courts provide programs to help some people avoid criminal convictions. The programs however can be competitive, and not everyone gets accepted. A quality criminal defense attorney can help, as their job is to serve as your advocate.
Below, we’ll walk you through the three legal routes available for those who’ve been arrested for a drug possession crime in Travis Country.
1. Pre-Trial Diversion
The Pre-Trial Diversion program offers defendants facing felony charges the opportunity to avoid a criminal conviction if they complete certain steps, such as:
- Taking drug classes
- Completing community service
- Paying a fine
- And staying out of legal trouble for the duration of the program
The program has different tracks and can last three months to a year, depending on the agreement between you, your defense lawyer, and the prosecutor assigned to your case. This option is a good fit for someone who has minimal criminal history, likely doesn’t face addiction, and is willing to admit that they possessed an illegal drug. It does not involve weekly drug testing or require you to see a probation officer.
While the program takes commitment, if you are accepted and complete the requirements, then your charge will result in a case dismissal that is immediately eligible for expungement, meaning you can completely wipe the arrest off your record. For more information on expungements, click here.
2. Drug Court
Drug Court is designed for those stuck in the cycle of addiction. It is an alternative to traditional court and involves a multidisciplinary team of judges, social workers, licensed chemical dependency counselors, and case managers. It is an even more extensive, time-consuming program than Pre-Trial Diversion, as it requires:
- Inpatient or intensive outpatient treatment
- Weekly drug testing
- Counseling
- Case management
- And more
While not everyone is accepted into the program, a prior criminal record does not bar you from entry. What the program most looks for is those who seem genuinely motivated to change their behavior and would benefit from a supportive, evidence-based treatment approach.
Like the Pre-Trial Diversion program, Drug Court completion results in case dismissal and instant eligibility for an expungement.
3. The Traditional Route of Trial or Plea
While trials and plea deals are quite different, their path often begins the same. Depending on your goals and situation, your criminal defense attorney will likely try to negotiate a favorable deal—perhaps one that even avoids a conviction—with the understanding that if the prosecution fails to agree, then they will take the case to trial. The prosecution, of course, uses the same tactic, as both parties usually want to avoid a trial because the outcome can be unpredictable.
There are three main reasons why someone may go “the traditional route.”
- The first reason is that they were not accepted into the alternative programs. If this is your situation and you still seek to avoid a felony conviction, don’t despair. A capable criminal defense attorney can likely still help you achieve a favorable outcome, and Travis County prosecutors are much more lenient than in other parts of the state. We’ve helped countless clients achieve case dismissals or case reductions even if they weren’t accepted into Drug Court or Pre-Trial Diversion.
- The second reason people may take this avenue is because they want to fight the charge. If you believe you are innocent or were wrongfully arrested, then an attorney can help you contest the arrest. For instance, at Chris Perri Law, we’ve helped many clients facing Possession of Controlled Substances charges prove that the police officer did not have probable cause to search them.
- The third reason someone may go this route is because they do not want to or are unable to commit to the rigors of the alternative programs. Everyone has unique goals and a unique situation, and your attorney should take that into account when offering advice. For some, avoiding a conviction is not their #1 priority.
For more info about illegal drug possession and Texas law, including information regarding the penalties that a drug possession conviction can yield, click here.
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How an Austin Criminal Defense Lawyer Can Help
If you’ve been arrested for drug possession in Travis County, securing a proven attorney who has earned your trust is essential. And remember, if you can’t afford a lawyer, the government will provide you with a public defender.
Your criminal defense attorney can help you decide which route is best for you, depending on your specific goals, criminal history, and case details.
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If you have further questions or are facing drug possession charges in the Austin area, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com to schedule a free consultation today.
