Dallas Cocaine Possession Lawyer | Criminal Defense Attorney

A cocaine possession charge in Dallas County can lead to years in prison, thousands of dollars in fines, and a felony record that follows you for life. These cases are prosecuted aggressively, and even a small amount can result in serious felony charges. If you or someone you love is facing cocaine possession charges in Dallas, you need experienced legal representation immediately.

At Varghese Summersett, we’ve helped countless clients fight drug charges in Dallas County. With over 1,600 dismissals and 800 charge reductions across our four Texas offices, we understand how to challenge the prosecution’s case and fight for the best possible outcome. The sooner you speak with a lawyer, the more options you’ll have to protect your future.

What Is Cocaine Possession Under Texas Law?

Cocaine is classified as a Penalty Group 1 controlled substance under the Texas Health and Safety Code § 481.115. This means Texas treats cocaine as one of the most dangerous drugs, placing it in the same category as heroin and methamphetamine.

To prove cocaine possession, prosecutors must establish two elements. First, they must show you exercised care, custody, control, or management over the substance. Second, they must prove you knew the substance you possessed was cocaine. This “knowledge” requirement is where many defense strategies begin.

Possession doesn’t necessarily mean the cocaine was found in your pocket. Under Texas law, you can be charged with cocaine possession if the drug is found anywhere in your control, including your vehicle, home, or even nearby areas where prosecutors argue you had access. This is called “constructive possession,” and it’s often the weakest part of the prosecution’s case.

Penalties for Cocaine Possession in Dallas

Texas punishes cocaine possession severely. The penalties depend entirely on the weight of the substance, and the ranges increase dramatically as the amount grows.

• Less than 1 gram: State jail felony punishable by 180 days to 2 years in a state jail facility and fines up to $10,000
• 1 gram to less than 4 grams: Third-degree felony with 2 to 10 years in prison and fines up to $10,000
• 4 grams to less than 200 grams: Second-degree felony carrying 2 to 20 years in prison and fines up to $10,000
• 200 grams to less than 400 grams: First-degree felony with 5 to 99 years in prison and fines up to $10,000
• 400 grams or more: Enhanced first-degree felony punishable by 10 to 99 years or life in prison and fines up to $100,000

These penalties can increase if the offense occurred in a drug-free zone, such as near a school, youth center, or playground. Under Texas Health and Safety Code § 481.134, possession in a drug-free zone can elevate the offense by one penalty level.

Beyond prison time and fines, a cocaine conviction carries lasting collateral consequences. You may lose your right to vote, own firearms, or serve on a jury. Professional licenses can be revoked, and many employers refuse to hire applicants with felony drug convictions. If you’re not a U.S. citizen, a drug conviction can lead to deportation or denial of future immigration benefits.

What to Expect for Bond in Dallas Cocaine Cases

If you’re arrested for cocaine possession in Dallas County, one of your first concerns will be getting out of jail. Bond amounts in Dallas County vary based on the amount of cocaine involved, your criminal history, and other factors.

Based on our analysis of over 64,000 bonds set in Dallas County, here’s what you can expect for cocaine possession charges:

• Possession under 1 gram (state jail felony): The most common bond is $5,000, though the average is higher at around $14,000 due to some cases involving aggravating factors
• Possession of 1 to 4 grams (third-degree felony): Typical bonds are set at $5,000, with averages around $17,500
• Possession of 4 to 200 grams (second-degree felony): The most common bond is $10,000, with averages nearing $30,000

If you were arrested in a drug-free zone, expect bond amounts to increase. A Dallas criminal defense attorney can often argue for bond reduction, especially if you have ties to the community, stable employment, and no prior criminal history. At Varghese Summersett, we work quickly to get clients out of custody so they can participate fully in building their defense.

How Cocaine Possession Cases Are Built

Understanding how prosecutors build cocaine cases helps reveal where their evidence may be weak. Dallas County prosecutors typically rely on several types of evidence.

Physical evidence is the foundation of most cases. This includes the cocaine itself, any packaging or paraphernalia, and items like scales or large amounts of cash that prosecutors may use to suggest dealing. Chain of custody documentation matters here because any break in how evidence was handled can create reasonable doubt.

Police reports and officer testimony often describe the circumstances of your arrest, including traffic stops, searches, and any statements you made. If officers violated your Fourth Amendment rights during the search, the evidence they found may be suppressed.

Lab analysis confirms the substance is actually cocaine and determines its weight. The weight matters enormously because it determines your punishment range. Our attorneys carefully review lab reports for errors, including whether the weight includes packaging or cutting agents that shouldn’t be counted.

If you need help with a possession of a controlled substance charge, speaking with an attorney before making any statements to police is critical. What you say can and will be used against you.

Common Defenses to Cocaine Possession Charges

Every cocaine case has potential weaknesses, and our attorneys know where to look. Here are the defense strategies we commonly employ:

Illegal search and seizure: The Fourth Amendment protects you from unreasonable searches. If police searched your vehicle without probable cause, entered your home without a warrant, or exceeded the scope of a lawful search, we can file a motion to suppress the evidence. Without the cocaine, the prosecution has no case.

Lack of knowledge: Prosecutors must prove you knew the substance was cocaine. If someone else left drugs in your car, or if you genuinely didn’t know what was in a package you were carrying, you may have a valid defense.

Lack of possession: Being near drugs isn’t the same as possessing them. If cocaine was found in a shared space like an apartment with roommates or a vehicle with multiple occupants, prosecutors may struggle to prove you had actual control over the substance.

Crime lab errors: Lab analysts can make mistakes. Substances can be misidentified, weights can be inaccurately recorded, and chain of custody can be compromised. Our attorneys scrutinize lab reports and, when necessary, hire independent experts to challenge the state’s evidence.

Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, entrapment may be a viable defense. This applies in cases involving undercover operations or confidential informants.

To discuss which defenses may apply to your case, call us for a free consultation at (214) 903-4000.

Real Results in Drug Cases

Our track record speaks for itself. In one Penalty Group 1 possession case, our attorneys identified problems with how the evidence was collected and secured a complete dismissal for our client. In another case involving drug possession in a drug-free zone, we negotiated acceptance into a deferred prosecution program, allowing our client to avoid a conviction entirely.

Our database shows 25 Penalty Group 1 possession cases under 1 gram that resulted in dismissals, no-bills, or prosecution being barred. For possession cases involving 1 to 4 grams, we’ve achieved multiple dismissals and no-bills as well. While past results don’t guarantee future outcomes, they demonstrate our commitment to fighting every case aggressively.

If you’re wondering whether your drug possession charge can be dropped, the answer depends on the specific facts of your case. But with the right defense team, it’s absolutely possible.

What Happens After a Cocaine Arrest in Dallas

Understanding the criminal justice process helps reduce anxiety and allows you to make better decisions. Here’s what to expect after a cocaine arrest in Dallas County.

Booking and bond: After arrest, you’ll be taken to the Lew Sterrett Justice Center in downtown Dallas for processing. You’ll be photographed, fingerprinted, and held until bond is set. Having an attorney who can work quickly on bond reduction is valuable during this phase.

First appearance and arraignment: Within 48 hours (or on the next business day), you’ll appear before a magistrate who will inform you of the charges and your rights. If you haven’t already posted bond, this is another opportunity to address release conditions.

Grand jury (for felonies): Felony cocaine charges must go before a grand jury, which decides whether there’s enough evidence to formally indict you. This happens behind closed doors, and you won’t be present. However, an experienced attorney may be able to present evidence to the grand jury that leads to a “no bill,” meaning no indictment.

Pretrial motions: This is where skilled defense attorneys earn their keep. Motions to suppress evidence, challenges to lab results, and other pretrial arguments can dramatically affect the outcome of your case.

Plea negotiations or trial: Most cases resolve through negotiated pleas, but we prepare every case as if it’s going to trial. Having attorneys with extensive trial experience gives us leverage during negotiations and ensures we’re ready if the prosecution won’t offer acceptable terms.

Diversion Programs and Alternatives to Conviction

Texas law provides alternatives to conviction that may be available depending on your circumstances. These programs can help you avoid a permanent criminal record.

Deferred adjudication: Under this arrangement, you plead guilty, but the judge defers a finding of guilt and places you on community supervision. If you complete all requirements (drug testing, counseling, community service), the case is dismissed without a conviction. For many first-time offenders, deferred adjudication offers a path to keeping a clean record.

Pretrial diversion: Some Dallas County courts offer pretrial diversion programs for first-time drug offenders. These programs typically require completion of a drug offender education program, community service, and regular check-ins. Successful completion results in dismissed charges.

Drug court: Dallas County’s drug court program provides intensive supervision and treatment for defendants struggling with addiction. While demanding, drug court can result in dismissed charges and genuine recovery from substance use.

Not everyone qualifies for these programs, and eligibility depends on factors including your criminal history and the specific facts of your case. Our attorneys can evaluate whether diversion might be available to you.

Why Choose Varghese Summersett for Your Dallas Cocaine Case

When your freedom is on the line, you need attorneys who will fight relentlessly on your behalf. Here’s what sets us apart:

Our team includes four attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by less than 1% of Texas attorneys. We have six former prosecutors on staff who understand how the other side builds cases and where to find weaknesses.

With over 500 jury trials and more than 70 team members across our Fort Worth, Dallas, Houston, and Southlake offices, we have the resources to handle complex drug cases. We’ve secured over 1,600 dismissals and 800 charge reductions, giving our clients real results.

We understand that facing criminal charges is stressful. You’re worried about your job, your family, and your future. Our team treats every client with dignity and keeps you informed throughout the process. You’ll never be left wondering what’s happening with your case.

For a Dallas drug possession lawyer who will fight for you, call us today.

Frequently Asked Questions About Cocaine Possession in Dallas

Can I get probation for cocaine possession in Texas?

Yes, probation (community supervision) is possible for many cocaine possession charges. For state jail felony amounts (under 1 gram), judges have discretion to grant probation. For larger amounts, probation may be available through plea negotiations. First-time offenders with no criminal history are the best candidates for probation.

Will I go to prison for my first cocaine offense?

Not necessarily. First-time offenders often qualify for alternatives like deferred adjudication, pretrial diversion, or drug court. Even if convicted, judges frequently impose probation rather than prison for first offenses involving smaller amounts. Your attorney’s job is to fight for the best possible outcome, which often means avoiding prison entirely.

Can cocaine charges be reduced to a misdemeanor?

Cocaine possession is always a felony in Texas, regardless of the amount. However, skilled defense attorneys can sometimes negotiate reductions to lesser offenses or find ways to avoid conviction entirely. The specific strategies available depend on the facts of your case.

How long does a cocaine case take in Dallas County?

Timelines vary significantly. Simple cases might resolve in a few months, while complex cases involving suppression hearings or trial preparation can take a year or longer. Factors affecting timeline include court backlogs, the complexity of evidence, and whether the case goes to trial.

What if the cocaine wasn’t mine?

This is a common defense, especially in cases involving shared vehicles or residences. Prosecutors must prove you actually possessed the cocaine, not just that you were near it. If multiple people had access to the area where drugs were found, the prosecution may have difficulty proving possession beyond a reasonable doubt.

Schedule a Free Consultation Today

If you’re facing cocaine possession charges in Dallas County, the decisions you make now will affect the rest of your life. Don’t try to handle this alone. Our experienced defense attorneys have helped thousands of Texans fight drug charges, and we’re ready to fight for you.

Call Varghese Summersett at (214) 903-4000 for a free consultation. We’ll review your case, explain your options, and develop a strategy to protect your future. The sooner you call, the more we can do to help.