Drug Charges

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Drug Charge Defense in Temple, Texas

Attorney Frank Cimino · Serving Temple, Bell County and Central Texas

Texas drug laws are strict. Depending on the substance and the amount, a drug charge can be a misdemeanor or a serious felony, and a conviction can affect your job, your housing, and your future. Attorney Frank Cimino has defended people charged with drug offenses in Temple and throughout Central Texas since 2003.

Drug Charges We Handle

• Possession of marijuana
• Possession of THC vapes, edibles, and concentrates
• Possession of controlled substances, including cocaine, methamphetamine, and prescription pills without a valid prescription
• Possession with intent to deliver or manufacture
• Drug paraphernalia
• Drug charges in a drug-free zone

How Penalties Are Decided

Texas groups drugs into penalty groups, and the punishment depends mainly on which group the substance falls into and how much of it was involved. Possessing a small amount of marijuana can be a misdemeanor, while THC concentrates such as vape cartridges and edibles can be charged as felonies even in small amounts. Allegations of selling, or of possessing drugs near a school, can increase the penalties.

Building Your Defense

• Whether the stop and search were legal
• Whether you actually knew about and controlled the drugs
• How the evidence was handled and tested
• Whether the weight was measured correctly
• Whether pretrial diversion or deferred adjudication may be an option

This is one part of Frank’s criminal defense practice, which also includes DWI, assault, and other misdemeanor and felony cases.

Drug Cases in Bell, Coryell and McLennan Counties

Frank defends drug possession, delivery and paraphernalia cases in Bell, Coryell and McLennan counties. Arrests on Interstate 35 and U.S. 190 through Temple, Belton and Killeen are common, and many begin with an ordinary traffic stop. Misdemeanor cases are handled in the county courts, and felony cases in the district courts in Belton, Gatesville or Waco, depending on where the arrest happened.

What Happens After a Drug Arrest in Temple or Killeen

After a drug arrest, you will see a magistrate, who sets bond. Any substance that was seized is usually sent to a crime lab for testing, and the results can take weeks or months. The type and weight of the substance, confirmed by that lab report, largely decide how serious the charge is.

The most important early questions are about the search. Why were you stopped? Did you consent to a search? Did officers have a warrant or probable cause? If evidence was found through an unlawful stop or search, Frank can ask the court to suppress it, which can weaken or end the case.

Drug Charge Questions and Answers

Is marijuana possession still a crime in Texas?

Yes. Possession of marijuana remains illegal in Texas outside the state’s limited medical program. Possession of two ounces or less is generally a Class B misdemeanor, and larger amounts and THC concentrates, such as vape cartridges and edibles, can be charged as felonies. Some cities have their own enforcement policies, but state law still applies.

What if the drugs weren’t mine?

Being near drugs is not the same as possessing them. The State must show that you knowingly controlled the substance, which can be hard to prove when drugs are found in a shared car or home.

Can I get probation or a diversion program for a drug charge?

Often, especially for a first offense. Depending on the county and the charge, options may include deferred adjudication, a pretrial diversion program or a drug court, which can sometimes lead to a dismissal and a later expunction or nondisclosure.

What is a drug-free zone?

Texas increases penalties for some drug offenses committed near schools, playgrounds and certain other places. The State has to prove the location, and those measurements can be challenged.

Will a drug conviction affect my driver’s license or job?

It can. A drug conviction can affect professional licenses, employment, housing, financial aid and immigration status. Those consequences are part of deciding how to handle the case.

This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship.