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Justin M. Fowlks

San Antonio Drug Distribution & Trafficking Defense Attorney

Aggressive Defense
Against Federal & State Drug Charges
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Recent Wins

Case Studies

Drug Distribution & Trafficking Laws in Texas

Drug distribution involves the sale, delivery, or transfer of a controlled substance to another person. Drug trafficking generally refers to larger-scale operations involving substantial quantities of narcotics, organized activity, or the movement of drugs across state or international lines. Given San Antonio’s location along the I-35 corridor, these cases frequently attract federal law enforcement involvement and often carry significantly enhanced penalties.

What Makes San Antonio Different

San Antonio sits at the center of one of the nation's most heavily monitored drug trafficking routes. The city's proximity to the Mexican border and position along Interstate 35 make it a focal point for both state and federal drug enforcement. This means:

  • Multiple law enforcement agencies operate in the area.
  • Federal task forces conduct regular operations.
  • Penalties are often enhanced for border-related crimes.
  • Cases frequently involve wiretaps and undercover operations.

State vs. Federal Drug Charges

State charges are prosecuted by the Bexar County District Attorney's office and handled in local courts. These typically involve smaller quantities and local distribution networks.

Federal charges are prosecuted by the U.S. Attorney's Office and carry mandatory minimum sentences. Federal cases often involve:

  • Interstate transportation of drugs
  • Large quantities that cross federal thresholds
  • Conspiracy with multiple defendants
  • Use of firearms in drug crimes

Types of Drug Cases We Handle

  • Distribution and Delivery

    Sale or transfer of controlled substances, regardless of amount. These charges focus on the act of distributing rather than the quantity involved. The police don't need to prove that a drug sale or delivery was completed, as the mere offering to deliver drugs can constitute a felony offense.

  • Trafficking and Transportation

    Large-scale drug operations involving significant quantities or via interstate commerce. Often includes conspiracy charges with multiple defendants.

  • Manufacturing Operations

    Production of illegal drugs, including methamphetamine labs, marijuana cultivation, or synthesis of synthetic drugs.

  • Money Laundering

    Financial crimes related to drug proceeds, including structuring transactions to avoid reporting requirements.

  • Asset Forfeiture Defense

    Protecting your property when law enforcement seeks to seize assets allegedly connected to drug crimes.

  • Conspiracy Charges

    Federal prosecutions targeting criminal organizations, often based on wiretapped conversations or informant testimony.

Texas Drug Penalties: What You're Facing

Texas classifies controlled substances into penalty groups, with punishments varying dramatically based on the type and amount of drug involved.

Penalty group 1: Cocaine, heroin, methamphetamine, LSD, oxycodone, fentanyl.

  1. Less than 1 gram: State jail felony (180 days-2 years + $10,000 fine)
  2. 1-4 grams: 3rd degree felony (2-10 years + $10,000 fine)
  3. 4-200 grams: 2nd degree felony (2-20 years + $10,000 fine)
  4. 200-400 grams: 1st degree felony (5-99 years in a state prison or life + $100,000 fine)
  5. 400 grams or more: Enhanced 1st degree felony (10-99 years or life + $100,000 fine)

Penalty group 1-A: Acid, LSD, or analogues of LSD.

  1. 1-20 units: State jail felony (180 days-2 years + $10,000)
  2. 20-80 units: 3rd degree felony (2-10 years + $10,000)
  3. 80-4,000 units: 2nd degree felony (2-20 years + $10,000)
  4. 4,000-8,000 units: 1st degree felony (5-99 years + $100,000)
  5. 8,000 units or more: Enhanced 1st degree (15-99 years + $250,000)

Penalty group 1-B: Fentanyl, along with its components.

  1. Under 1 gram: State Jail Felony (180 days–2 years + $10,000 fine)
  2. 1-4 grams: 3rd degree felony (2-10 years in prison + $10,000 fine)
  3. 4-200 grams: 2nd degree (2-20 years in prison + $10,000 fine)
  4. 200-400 grams: 1st degree (5–99 years in prison or life + $10,000 fine)
  5. Over 400 grams: Enhanced 1st degree (10–99 years in prison or life + $10,000 fine)

Penalty group 2: MDMA/Ecstasy, PCP, amphetamines, hashish, synthetic cannabinoids (K2/Spice).

  1. Less than 1 gram: State jail felony (180 days-2 years + $10,000 fine)
  2. 1-4 grams: 3rd degree felony (2-10 years + $10,000 fine)
  3. 4-400 grams: 2nd degree felony (2-20 years + $10,000 fine)
  4. 400 grams or more: Enhanced 1st degree felony (5-99 years + $50,000 fine)

Penalty group 2-A: Synthetic marijuana, spice, K2, and other synthetic cannabinoids.

  1. Less than 2oz: Class B misdemeanor (180 days in jail + $2,000 fine)
  2. 2oz.-4oz.: Class A misdemeanor (0-1 year in county jail +$4,000 fine)
  3. 4oz.-5 pounds: State jail felony (180 days-2 years + $10,000 fine)
  4. 5 pounds-50 pounds: 3rd degree felony (2-10 years in a state prison +$10,000)
  5. 50 pounds-2,000 pounds: 2nd degree felony (2-20 years in a state prison +$10,000)
  6. 2,000 pounds or more: Enhanced 1st degree felony (5-99 years in state prison or life +$50,000

Penalty group 3: Prescription medications Xanax, Valium, codeine, anabolic steroids, etc., without a proper prescription.

  1. Less than 28 grams: Class A misdemeanor (up to 1 year + $4,000 fine)
  2. 28-200 grams: 3rd degree felony (2-10 years + $10,000 fine)
  3. 200 grams-400 grams: 2nd degree felony (2-20 years in a state prison +$10,000)
  4. 400 grams or more: Enhanced 1st degree felony (5-99 years in state prison or life +$50,000)

Penalty group 4: Opium, Morphine, Motofen, etc. (without a valid prescription)

  1. Less than 28 grams: Class B misdemeanor (up to 180 days + $2,000 fine)
  2. 28g-200g: 3rd degree felony: (2-10 years in a state prison and/or a +$10,000)
  3. 200g-400g: 2nd degree felony: (2-20 years in a state prison and/or +$10,000)
  4. 400g or more: Enhanced 1st degree felony (5-99 years in state prison or life +$50,000)

Enhancement Factors That Increase Penalties

  • Delivering drugs to minors
  • Distribution near schools or playgrounds
  • Use of weapons during drug crimes
  • Prior felony convictions

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Your Freedom Can't Wait. Call Now.

Drug charges move fast in San Antonio. Every day you wait is another day prosecutors build their case against you. Our aggressive defense team is standing by 24/7 to protect your rights and fight for your freedom.

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Defense Strategies That Work

Every drug case is different, but successful defenses often focus on these key areas:

Constitutional Violations

Law enforcement must adhere to strict protocols when investigating drug crimes. Common violations include:

  • Illegal searches of vehicles or homes
  • Traffic stops without reasonable suspicion
  • Failure to obtain proper warrants
  • Coercive interrogation tactics
  • Miranda rights violations

Challenging the Evidence

Drug cases rely heavily on physical evidence, which can be attacked in several ways:

  • Chain of custody problems
  • Improper testing procedures
  • Contaminated or degraded samples
  • Lack of knowledge or intent to distribute
  • Entrapment by law enforcement

Suppression Motions

When police violate your constitutional rights, the evidence they gather can be suppressed (thrown out). Without key evidence, prosecutors often cannot prove their case beyond a reasonable doubt.

Why Choose Fowlks Law Firm

  • Available When You Need Us Most

    Drug arrests happen around the clock. That's why we're available 24/7 to take your call and begin working on your case immediately. Time matters in drug cases, and early action can make the difference between conviction and freedom.

  • Bilingual Representation

    We provide complete legal services in both English and Spanish. Many of our clients prefer to discuss their cases in their native language, and we ensure clear communication throughout the entire process.

  • Licensed to Post Bond

    Unlike most attorneys, Justin Fowlks is licensed to post bonds directly. This means we can get you out of jail faster and begin preparing your defense without delay. We handle the paperwork and get you home to your family.

  • Experienced in Both State and Federal Courts

    Drug cases can be prosecuted at either the state or federal level. We regularly practice in:

    • Bexar County District Courts
    • U.S. District Court, Western District of Texas
    • Kendall County Courts
    • Guadalupe County Courts
    • Federal Court of Appeals, Fifth Circuit

The Legal Process: What to Expect

Federal vs. State Drug Prosecutions

Factor State Court Federal Court
Prosecutor Bexar County DA U.S. Attorney
Sentencing Judge discretion Mandatory minimums
Parole Available Limited options
Bail Often available More restrictive
Jury 12 unanimous 12 unanimous
Appeals State appellate court Federal circuit court

Fight Drug Distribution Charges.
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(210) 455-1000

Meet Justin M. Fowlks

Justin M. Fowlks has built a reputation defending clients against serious drug distribution and trafficking charges throughout Bexar County and surrounding areas. His thorough case preparation and strategic defense approach have helped hundreds of clients facing federal and state drug trafficking allegations. Justin combines aggressive courtroom advocacy with compassionate client support, ensuring each person receives dedicated representation during these challenging times.

Justin can:

  • Be There 24/7
  • Give Free Initial Consultation
  • Provide Service in Spanish
  • Post Your Bond
  • Provide Full Personal Attention
  • WIN YOUR CASE
Call Justin now:
(210) 455-1000
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Areas We Serve

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.

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Get Your Case Evaluated for Free

Don't let drug charges destroy your life. Our experienced defense team knows how to fight these cases and win. Contact us now for a confidential consultation about your case.

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