February 17, 2022

A first time offender getting arrested for drug possession in Texas

Felony drug trafficking and drug possession charges can be particularly severe in Texas. That’s true even if you’re a first-time offender facing felony drug offenses. 

If you’ve been charged with the following first-time drug offenses in Texas, it’s in your best interest to consult a proven Houston criminal defense lawyer as soon as possible: 

  • First offense felony possession of controlled substance (drugs) 
  • First offense felony possession with intent to sell or deliver (distribute)
  • First offense felony drug trafficking 

Working with an attorney experienced in first time felony drug offenses in Texas can drastically improve your chances of decreased penalties, reduced charges, and possibly dismissed felony drug charges. 

Contact the Napier Law Firm today to discuss the details of your case with a skilled drug crime criminal defense lawyer in Houston. 

Continue reading to learn more about first-time offender felony drug charges in TX below. 

What Happens When You Get a Felony Drug Charge in Texas? 

Every first time felony drug offender is entitled to due process in Texas. That means that defendants accused of first offense felonies can expect a uniform criminal justice process. 

Generally, once you’ve been charged with a felony drug charge in TX, you can expect the following: 

  1. Arrest
  2. Felony indictment
  3. Plea bargaining phase
  4. Felony Trial by judge or jury (if no plea bargain is reached)
  5. Post-trial including first offense felony penalties like jail/prison, probation, fines, etc. 

Can you get probation for a felony drug charge in Texas?

Generally, if you’ve never been convicted of a felony charge in Texas, the courts must give you probation. Sometimes, probation may be ordered instead of jail time. A judge may also suspend parts of your sentence and order probation for the rest. 

Do First Time Felony Offenders Go To Jail in Texas? 

Most felony convictions require mandatory incarceration in Texas. Further, the exact penalties depend on the type of controlled substance (i.e., drugs classified in penalty group 1 – 4, or marijuana), the charge, and many more factors. 

Learn more about the sentencing guidelines for first-time drug offenses in Texas below. 

First Time Felony Drug Charge Penalties in Texas

  • State Jail Felony Offense – Six months to two years in jail 
  • First Degree Felony – Five years to 99 years in prison 
  • Second Degree Felony – Two years to 20 years in prison 
  • Third Degree Felony – Two to 10 years in prison 

In addition to incarceration, individuals convicted of felony drug charges face fines up to $10,000, probation, community service, and more. 

Fortunately, the passage of the “First Time Offender Felony Drug Charge Act” makes it possible for some first time drug offenders to avoid maximum sentences by adhering to alternative sentencing guidelines. 

Are drug offenses eligible for the first-time offender program in Texas? 

The first offender drug program is a form of pre-trial diversion offered in Houston and the surrounding areas. If accepted into the program and successfully completed, you can withdraw your original guilty plea to drug charges. Further, the District Attorney’s Office will dismiss your charges. 

Contact The Napier Law Firm to learn more about eligibility for the first offender drug program in Houston. 

Can First Offense Felony Drug Charges Be Dropped in Texas? 

Perhaps the most common way to get felony drug charges reduced in Texas is to complete the first-time offender program successfully. However, doing so requires an admission of guilt. 

If you’ve been charged with a felony offense but didn’t commit the crime, you need to hire an experienced drug crimes lawyer in Houston. 

Can First Time Drug Charges Be Reduced in Texas? 

Generally, prosecutors are more likely to reduce first time drug charges than they are for repeat offenders. However, in many cases, getting your charges reduced requires the skill of an aggressive Houston drug crimes attorney

Your attorney can investigate the facts of your case, negotiate with the prosecution, ensure your rights are protected, and represent you at trial if necessary. Further, an attorney experienced with first-offense drug charges can advise you of the best methods to defend your freedom and clear your name. 

Contact a Criminal Defense Lawyer in Houston Today

Are you facing possession, distribution, or more severe drug trafficking felony charges in Texas? In that case, it’s in your best interest to consult with a proven first-time offender drug crimes attorney in Houston, TX. 

At Napier Law Firm, we understand the Texas criminal justice system like no other. Our attorneys are aggressive, knowledgeable, and ready to mount a solid defense against first offense drug charges on your behalf. 

Don’t gamble your future by hiring a subpar attorney or representing yourself. Contact George Napier today for your free initial consultation for first time felony drug charges in Texas.