Drug Crimes Lawyer in San Marcos
Defense for Possession, Trafficking, Manufacturing & Distribution Charges
A drug charge in San Marcos, Texas can move quickly through the court system, and the decisions you make in the first hours and days matter. At McNutt Law Firm, PLLC, our attorneys handle drug crime cases from initial arrest through resolution, including possession, trafficking, manufacturing, and distribution charges. We investigate each case thoroughly, examining how evidence was gathered and whether law enforcement followed proper procedure, then build a defense strategy around what we find.
Our team understands Texas criminal law and the specific procedures of the local court system. That knowledge lets us identify weaknesses in the prosecution’s case and pursue available options on your behalf.
A drug charge doesn’t have to define your future. Call McNutt Law Firm, PLLC at (512) 488-3612 to schedule your free consultation and learn what your defense options look like.
How We Approach Drug Crime Defense
Every drug crime case is different, and we don’t treat them as interchangeable. Our attorneys use a team approach that combines legal knowledge, attentive service, and genuine concern for each client’s outcome. You stay in control of your case. We explain your options clearly, give you our honest assessment, and support whatever direction you decide to take.
We also recognize that legal fees are a real concern for many families. Flexible payment arrangements are available, including payment plans and sliding-scale fees based on your financial situation. After the consultation, we review your circumstances and work out a structure that fits.
Drug Charges We Defend
Criminal defense representation covers the full range of drug-related offenses in Texas, from misdemeanor possession to felony-level trafficking. The charge type and the substance involved determine how serious the potential penalties are, which is why understanding the specific allegations against you matters from day one.
Charge types we handle include:
- Possession: Unlawful possession of a controlled substance, ranging from small quantities to amounts that trigger felony charges
- Trafficking: Transportation or transfer of controlled substances, typically charged as a felony with significant prison exposure
- Manufacturing: Production or cultivation of controlled substances, which carries higher penalties than possession alone
- Distribution: Delivery or sale of controlled substances, often prosecuted aggressively at the state level
Federal drug charges are a separate category. They tend to be more complex and carry harsher mandatory minimums than state charges. We have experience navigating the federal court system and can represent clients facing charges at either level.
How Texas Classifies Drug Offenses
The Texas Controlled Substances Act (Health and Safety Code Chapter 481) organizes controlled substances into penalty groups based on their potential for abuse and recognized medical use. The group a substance falls into, combined with the quantity involved, determines the charge level and sentencing range.
Penalty Group 1 covers substances like cocaine, heroin, and methamphetamine, and carries the most severe penalties. Possession of under one gram is a state jail felony; possession of 200 grams or more is a first-degree felony. Penalty Group 3 covers certain prescription medications, including Xanax, Valium, and Ritalin, when possessed without a valid prescription. Marijuana is classified separately: possession of two ounces or less is a Class B misdemeanor under Texas law.
Two factors commonly increase a charge’s severity. Delivery and manufacturing charges carry higher penalties than simple possession of the same substance in the same quantity. A drug-free zone enhancement applies when an offense allegedly occurred near a school or youth center, and it can increase the potential sentence.
What Happens After a Drug Arrest in San Marcos
The Texas criminal process generally follows a defined sequence: arrest or citation, booking, arraignment where a plea is entered, and then additional hearings or trial depending on how the case develops. Bail may be available at various points. Knowing where you are in that sequence and what comes next reduces uncertainty and helps you make better decisions.
Steps to take immediately after an arrest:
- Exercise your right to remain silent. You aren’t required to answer questions beyond basic identification.
- Request an attorney before any questioning begins.
- Avoid discussing the case on social media or with anyone other than your attorney.
- Check bail eligibility and attend every scheduled court hearing.
If you believe you’re under investigation but haven’t been charged yet, don’t wait. Avoid making statements to investigators without an attorney present, preserve any relevant documents and communications, and contact us as soon as possible. Reaching out before charges are filed gives us more room to act and helps protect your options going forward.
Hays County Courts & Local Agencies
Felony drug matters in this area may advance to Hays County District Court. Our familiarity with local court procedures and the Hays County Criminal District Attorney’s Office means we can prepare you for what to expect at each stage. We know how these cases move locally, and that knowledge matters when timing and procedure can affect your outcome.
Start Your Defense with a Free Consultation
Acting quickly after an arrest or during an investigation preserves more defense options. The sooner we can review the facts of your case, examine how evidence was obtained, and identify potential search and seizure issues, the sooner we can advise you about available options. Pretrial diversion or other alternatives to prosecution may also be available depending on your circumstances.
Contact McNutt Law Firm, PLLC at (512) 488-3612 to schedule your free consultation today.