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Justin M. Fowlks

San Antonio Drug Possession Attorney

Strategic Defense Against Drug Possession Charges In Bexar County
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Fowlks Law Firm
Drug Crimes Attorney
Drug Possession Attorney

Drug Possession Cases We Handle

  • Controlled Substance Possession

    Texas groups illegal drugs by potency and risk using a Penalty Group classification, which includes seven individual groups: Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, and 4.

    Penalty Group 1 covers cocaine, heroin, methamphetamine, and fentanyl. A conviction in this category can carry a state jail sentence or a lengthy prison term, depending on the quantity recovered. Our team can examine the police search and lab report before you agree to any plea deals.

  • Prescription Drug Charges

    Possession of medication such as Xanax, oxycodone, hydrocodone, or Adderall without a valid prescription is a serious crime in Texas. Many of these arrests start with a routine traffic stop or a pharmacy inquiry. We’ll evaluate whether the prescription records, the pill count, and the officer's report actually support the charge filed.

  • Marijuana Possession

    Texas treats marijuana as its own category separate from other controlled substances, and even small amounts can lead to an arrest in Bexar County. Charges range from a Class B misdemeanor for two ounces or less to a first-degree felony for larger quantities.

    Attorney Justin Fowlks has overseen numerous marijuana possession cases. He pushes for dismissal, deferred adjudication, or a reduced charge whenever the facts support it.

  • Drug Paraphernalia

    Pipes, scales, baggies, and syringes can bring a separate charge on top of a possession count, and prosecutors sometimes use paraphernalia to argue intent to distribute, which is a more serious offense. We challenge such assumptions forcefully on the rationale that an item's owner isn’t automatically its intended user.

  • Possession With Intent To Deliver

    When the police recover a larger quantity of a substance, digital scales, or packaging materials, the state often files a charge of intent to deliver instead of simple possession, a charge that carries far heavier penalties.

    Our skilled defense team can scrutinize the weight calculations and the officer's grounds for claiming intent, which is frequently based on assumptions rather than direct evidence.

  • Federal Drug Possession Charges

    Cases that cross state lines, involve the U.S. Postal Service, or stem from a joint task force operation can land in the U.S. District Court, Western District of Texas, rather than a Bexar County court.

    Federal drug cases carry their own sentencing guidelines and mandatory minimums, and we prepare defenses with those differences firmly in mind. Clients facing broader drug charges, such as trafficking or manufacturing, can review our drug crimes services to learn more about how we handle these cases.

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Don't Let A Drug Charge Follow You For Life

A San Antonio drug possession attorney can start protecting your rights within hours of your arrest. Justin Fowlks is bonded, bilingual, and available 24/7 to clients across Bexar County. Call now to discuss your charges before you speak with anyone else.

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Drug Possession Laws In Texas

Texas Health and Safety Code Chapter 481 sets out how the state defines and punishes drug possession, with penalties depending heavily on the substance and the amount involved.

The Penalty Group System

State law sorts controlled substances into various groups based on danger and potential for abuse, with Penalty Group 1 drugs like fentanyl and heroin carrying the harshest punishments.

Marijuana Charges

Cannabis isn’t assigned to a penalty group. Instead, it has its own separate possession statute, with penalties tied to weight rather than group classification.

Drug-Free-Zone Enhancements

A charge filed near a school, park, playground, or daycare can be enhanced to a higher degree of offense, even for a small amount.

Fourth Amendment Protections

The police need probable cause or a valid warrant to search your person, vehicle, or home; any evidence they gather outside those limits can likely be suppressed.

Penalties For A Drug Possession Conviction In Texas

The severity of punishment for a possession charge rises with the quantity of the drug and the substance's assigned penalty group, and a conviction can have consequences well beyond jail time.

Penalty Group 1 Substances

Less than one gram is a state jail felony punishable by 180 days to two years in jail; one to four grams is a third-degree felony that carries two to 10 years; four to 200 grams is a second-degree felony punishable by two to 20 years; and 200 grams or more is a first-degree felony that carries five years to life, with an enhanced 10-year minimum once the weight reaches 400 grams.

Lower Penalty Groups

Penalty Groups 2, 3, and 4 (and their related subgroups) follow the same weight-tiered structure. The punishments generally start at a state jail felony for the smallest amounts and climb to higher felony degrees as the quantity increases.

Fine Amounts

The fines assessed for drug possession in Texas aren’t rigidly determined. A judge or jury has the discretion to set the amount (up to the statutory cap) based on the specific facts of the case.

Enhancements

A prior drug conviction, an offense committed in a drug-free zone, or evidence suggesting intent to deliver can all bump a charge up to a higher degree.

Potential Defense Strategies In Possession Cases

Unlawful Search And Seizure

Law enforcement officers need probable cause, consent, or a valid warrant before searching your car, home, or person. Our team will review the police procedure from the first radio call forward and file a motion to suppress the evidence if the search crossed a constitutional line.

Constructive Possession

When drugs turn up in a shared space like a vehicle or house, prosecutors often charge everyone, even without proof that a specific person knew about the substance or controlled it. Attorney Justin Fowlks will forcefully hold the state to its burden of showing knowledge and control, not mere proximity.

Lab Evidence And Chain-of-Custody Review

Every substance the state relies on to file charges on must be tested and tracked properly from the alleged crime scene to the courtroom. Our team will request the full lab file and challenge any gaps in testing procedure, storage, or handling that might undermine the reliability of the result.

Diversion And Treatment Advocacy

Jail time isn’t the only possible outcome for possession charges. For qualifying clients (particularly first offenders), we may pursue pretrial diversion, deferred adjudication, or treatment-based probation instead of a conviction.

Why Choose Fowlks Law Firm?

  • There For You From The Moment You're Arrested

    A drug arrest can happen when you least expect it. Justin answers calls around the clock, seven days a week, which means you’ll have a San Antonio drug possession attorney reviewing your charges and formulating a defense strategy before your first court date arrives.

  • Bilingual Legal Services

    Clients and their families who work with our firm can talk through every detail of a drug possession charge in English or Spanish, without a translation gap that causes critical nuances to be missed.

  • A Bonded Attorney Who Can Post Your Bond

    Justin holds the license to act as his own clients' surety, which means he can post your bond directly after a drug arrest instead of routing you through a separate bondsman. That saves valuable time and gets your defense started the moment you walk out of custody.

  • Unmatched Insight Into Drug Cases

    Throughout his career as a defense attorney in Bexar County, Justin has handled countless drug possession cases, and he’s intimately familiar with how the state builds them. His insight and resources can be a vital asset if you’re facing severe penalties for an alleged offense.

What Happens After A Drug Arrest In Bexar County

Drug cases in Bexar County proceed through the same general steps. Here’s how you can expect your case to unfold from the beginning.

Most cases start with a traffic stop, a home search, or a task force operation, followed by a field test and seizure of the substance as evidence. A magistrate judge sets an initial bond, and the Bexar County District Attorney's Office decides what charge to file.

We'll request the state's complete discovery file and review the lab report and chain of custody independently. If the stop, search, or officer's report raises a constitutional problem, we’ll file a motion to suppress the evidence.

Our goal is to pursue the strongest possible resolution for every client. That often begins with extensive negotiations with the District Attorney’s Office, whether we are seeking a dismissal, reduced charge, pretrial diversion, deferred adjudication, or another favorable outcome. When the State is unwilling to offer a resolution that adequately protects our client, we are prepared to take the fight to court. Our team will prepare the case for trial, aggressively challenge the State’s evidence, and hold prosecutors to their burden of proving every element of the charge beyond a reasonable doubt. When trial is the best path forward, we will not hesitate to put the case before a jury.

Our representation does not necessarily end when the criminal case does. When applicable, Justin will help clients understand their options for clearing or limiting access to their criminal record, including expunction or nondisclosure. He will also explain how the outcome of the case may affect employment, housing, professional licenses, and other areas of a client’s life. The goal is not simply to resolve the immediate charge, but to protect the client’s future whenever possible.

Call Now Before The State Strengthens Its Case

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Available 24/7
(210) 455-1000

Meet Justin M. Fowlks

Justin M. Fowlks has built his legal career as a dedicated defense attorney for clients throughout Bexar County, including those charged with drug possession. His diverse background gives him valuable insight into how the state gathers evidence, tests substances, and decides what charges to file.

Clients facing a first arrest often assume that a possession charge will follow them permanently. Justin works hard to prevent that outcome, whether through suppression motions, pretrial diversion programs, or a negotiated resolution that keeps a client's record intact. His approach is personal and compassionate yet resolute from the first phone call through the final court date.

Justin can:

  • Be there to answer your questions 24/7.
  • Provide a free initial consultation.
  • Offer services in both English and Spanish.
  • Post your bond directly after a drug arrest.
  • Review the lab evidence and the search personally.
  • Fight for a reduced charge, diversion, or dismissal.
Call Justin now:
(210) 455-1000
Man in a navy blue suit walking down steps under an arch that reads 'Bexar County Court.'

Areas We Serve

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Primary counties:

  • Bexar County
  • Kendall County

Additional areas:

  • Guadalupe County
  • Comal County
  • Hays County

and surrounding communities.

Map highlighting Kendall, Bexar, Comal, Hays, and Guadalupe counties in Greater Austin area in shades of orange and yellow.

frequently asked questions

Not always. Many first-time possession charges involving a small amount are filed as a misdemeanor, though the specific substance and the weight recovered both affect the classification. A qualified San Antonio drug possession attorney can review the charging paperwork and confirm what degree of offense you’re looking at.

Say as little as possible, decline any requests to search your vehicle or home without a warrant, and ask for an attorney before answering questions at the scene or the police station. Write down what you remember about the initial encounter with law enforcement while it’s still fresh, including anything officers said. Those details may be crucial later on.

A conviction can show up on background checks conducted by employers, landlords, and licensing boards, and non-citizens can face additional immigration consequences beyond the criminal penalty itself. This is one of the most compelling reasons to challenge charges early, before a plea makes them part of your permanent record.

Yes. Texas law allows for a constructive possession charge when a substance is found somewhere you had access to, such as a shared car or apartment, even if it belonged to someone else. Ownership isn’t the legal issue here — knowledge and control are. Fortunately, those elements are frequently the weakest part of the state's case.

Often, yes. Bexar County runs pretrial diversion and deferred adjudication programs specifically for non-violent, first-time drug cases, and completing one can mean that a conviction won’t ever appear on your record. Our San Antonio drug possession lawyers will request an eligibility review as soon as your case is filed rather than waiting until closer to trial.

Arrested For Drug Possession In San Antonio?

The skilled legal professionals at Fowlks Law Firm are ready to review the evidence against you, protect your rights, and advise you on your next steps. Contact us today for a bilingual, bonded defense available 24/7 to clients throughout Bexar County and neighboring communities across Guadalupe, Hays, Comal, Kendall, Atascosa, and Medina Counties.

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