Our Denton County drug lawyer defends people charged with drug crimes in Denton, Lewisville, Flower Mound, The Colony, Little Elm, Corinth, and surrounding cities. If you’re facing drug charges in Denton County, the penalties can be severe. Texas has some of the harshest drug laws in the nation, and a conviction can mean prison time, heavy fines, and a permanent criminal record that affects employment and housing for years.
At Varghese Summersett, our Denton County drug defense attorneys have spent years fighting for clients in Denton County criminal courts. Our team includes former prosecutors who understand exactly how the state builds drug cases and what it takes to dismantle them. We’ve helped hundreds of North Texans avoid convictions, reduce charges, and protect their futures. Call 817-203-2220 for a free consultation.
Why Drug Charges in Denton County Are Serious
Denton County continues to strictly enforce drug laws despite shifts in policy elsewhere in Texas. According to 2024 crime statistics, drug possession ranks among the most common criminal charges in the county alongside theft and DWI. Many arrests stem from routine traffic stops where officers discover controlled substances during vehicle searches.
The Denton Police Department has been aggressive in pursuing fentanyl-related cases. Since Texas enacted a new law in September 2023 making it a murder offense to supply fentanyl that results in death, Denton has made multiple fentanyl murder arrests. In July 2025 alone, police arrested a suspect for murder after a fatal fentanyl overdose. These cases demonstrate how seriously local authorities treat drug crimes.
Denton County has 11 district courts handling felony cases and 5 county criminal courts for misdemeanors. The Denton County District Attorney’s Office maintains dedicated prosecution units for drug offenses and pursues these cases vigorously. Without experienced legal representation, defendants often face the full weight of Texas drug penalties.
Why Is Denton County Stricter on Drug Cases Than Surrounding Counties?
Denton County is developing a reputation for being tougher on drug offenders than neighboring counties in the Dallas-Fort Worth area. The Denton County District Attorney has implemented a policy of seeking the “stiffest sentences possible” for anyone manufacturing or selling fentanyl, methamphetamine, cocaine, and heroin. This harder line on dealers makes the distinction between possession and distribution charges even more consequential here than elsewhere in North Texas.
Geography plays a major role in why drug enforcement is so aggressive. Denton County sits along Interstate 35, the primary north-south trafficking route connecting Mexico to Oklahoma and points beyond. Federal drug market analyses from the North Texas High Intensity Drug Trafficking Area (HIDTA) identify I-35 as the main corridor used to move cocaine, methamphetamine, marijuana, and other drugs through the Dallas-Fort Worth region. These reports characterize the DFW area, including Denton County, as both a destination market and a transshipment zone. This is why highway interdiction teams concentrate resources here.
The volume of drugs moving through Denton County is staggering. According to recent Denton County Crime Stoppers data, local law enforcement has seized over $5.1 million in drugs and made more than 4,300 arrests. A 2025 joint investigation involving DPS criminal investigators and other partners resulted in arrests of two suspects and seizure of over $600,000 in cash, demonstrating the scale of trafficking operations that pass through the county.
The Denton County Sheriff’s Office Criminal Investigations Division assists with major investigations and evidence processing across more than 20 smaller agencies in the county. This includes support for drug and trafficking interdiction cases arising from highway stops and multi-agency task force operations. A 2025 commercial vehicle enforcement operation conducted by the Sheriff’s Office resulted in approximately 205 traffic stops, 133 commercial vehicle inspections, and 44 trucks placed out of service. These coordinated enforcement efforts mean drug cases in Denton County often involve multiple agencies and thorough investigations.
For anyone facing drug charges in Denton County, this enforcement environment makes experienced legal representation essential. What might result in probation or diversion elsewhere could lead to prison time here, particularly for cases involving distribution or larger quantities.
What Types of Drug Cases Do Denton County Drug Lawyers Handle?
Denton County drug lawyers handle every type of drug offense under Texas and federal law. The specific charge you face depends on the substance involved, the quantity, and whether authorities believe you intended to sell or distribute.
Possession of a controlled substance is the most common drug charge in Denton County. Under Texas Health and Safety Code Chapter 481, possessing any controlled substance without a valid prescription is illegal. Penalties depend on which penalty group the drug falls into and how much you allegedly possessed. Even small amounts of certain drugs can result in felony charges.
Manufacture or delivery of a controlled substance carries far more severe consequences. Prosecutors pursue these charges when they believe you were selling drugs or intended to distribute them. Evidence like scales, baggies, large amounts of cash, or multiple cell phones can lead to trafficking charges even if no actual sale occurred.
Possession of marijuana remains illegal in Texas despite legalization in other states. Denton County continues to prosecute marijuana cases, though first-time offenders may qualify for diversion programs that can result in dismissed charges.
Prescription drug offenses have increased as authorities crack down on opioid abuse. Possessing prescription medications like Xanax, Adderall, or hydrocodone without a valid prescription can result in serious criminal charges.
How Does Texas Classify Controlled Substances?
Texas law divides controlled substances into penalty groups based on their potential for abuse and accepted medical uses. The penalty group determines the severity of charges and potential punishment. Understanding which group your alleged substance falls into is the first step in building your defense.
Penalty Group 1 includes the most heavily controlled substances. Cocaine, heroin, methamphetamine, oxycodone, hydrocodone (over 300mg), ketamine, and GHB fall into this category. Even possessing less than one gram is a state jail felony punishable by up to two years in state jail.
Penalty Group 1-A contains only LSD and its analogues. Because LSD is sold by dose rather than weight, this group is measured in “units” instead of grams.
Penalty Group 1-B was created specifically for fentanyl and its derivatives. Texas legislators carved out this separate category in response to the fentanyl crisis that has hit communities across the state, including Denton County.
Penalty Group 2 covers hallucinogens including ecstasy (MDMA), PCP, mescaline, psilocybin mushrooms, and THC concentrates. Adderall also falls into this category, meaning possessing it without a prescription is a felony.
Penalty Group 2-A includes synthetic cannabinoids like K2 and Spice. Unlike other penalty groups, possession of small amounts (under 2 ounces) is a misdemeanor rather than an automatic felony.
Penalty Group 3 includes stimulants and depressants such as Xanax, Valium, Ritalin, and lower doses of hydrocodone (under 300mg). Possession under 28 grams is a Class A misdemeanor.
Penalty Group 4 contains compounds with limited amounts of narcotics like certain codeine and morphine preparations. Small amounts (under 28 grams) are Class B misdemeanors.
Marijuana occupies its own category under Texas law. While possession of small amounts (under 2 ounces) is a Class B misdemeanor, larger quantities result in felony charges.
What Are the Penalties for Drug Possession in Denton County?
The penalties for drug possession in Texas vary dramatically based on the substance and quantity involved. Here’s what you face for Penalty Group 1 substances like cocaine, methamphetamine, heroin, and oxycodone:
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days to 2 years in state jail; up to $10,000 fine |
| 1 to 4 grams | Third Degree Felony | 2 to 10 years in prison; up to $10,000 fine |
| 4 to 200 grams | Second Degree Felony | 2 to 20 years in prison; up to $10,000 fine |
| 200 to 400 grams | First Degree Felony | 5 to 99 years or life; up to $100,000 fine |
| Over 400 grams | Enhanced First Degree | 10 to 99 years or life; up to $100,000 fine |
For Penalty Group 2 substances (ecstasy, PCP, THC concentrates, psilocybin mushrooms), the penalties are:
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days to 2 years; up to $10,000 fine |
| 1 to 4 grams | Third Degree Felony | 2 to 10 years; up to $10,000 fine |
| 4 to 400 grams | Second Degree Felony | 2 to 20 years; up to $10,000 fine |
| Over 400 grams | First Degree Felony | 5 to 99 years or life; up to $50,000 fine |
For Penalty Group 3 substances (Xanax, Valium, Ritalin):
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| Less than 28 grams | Class A Misdemeanor | Up to 1 year in jail; up to $4,000 fine |
| 28 to 200 grams | Third Degree Felony | 2 to 10 years; up to $10,000 fine |
| 200 to 400 grams | Second Degree Felony | 2 to 20 years; up to $10,000 fine |
| Over 400 grams | First Degree Felony | 5 to 99 years or life; up to $50,000 fine |
For marijuana possession:
| Amount | Charge Level | Potential Sentence |
|---|---|---|
| 2 ounces or less | Class B Misdemeanor | Up to 180 days in jail; up to $2,000 fine |
| 2 to 4 ounces | Class A Misdemeanor | Up to 1 year in jail; up to $4,000 fine |
| 4 ounces to 5 pounds | State Jail Felony | 180 days to 2 years; up to $10,000 fine |
| 5 to 50 pounds | Third Degree Felony | 2 to 10 years; up to $10,000 fine |
| 50 to 2,000 pounds | Second Degree Felony | 2 to 20 years; up to $10,000 fine |
| Over 2,000 pounds | First Degree Felony | 5 to 99 years or life; up to $50,000 fine |
These penalties increase significantly if the alleged offense occurred in a drug-free zone within 1,000 feet of a school, playground, or youth center. Drug-free zone enhancements can elevate charges by one degree. All drug convictions also carry automatic driver’s license suspensions.
What Diversion Programs Are Available in Denton County?
Denton County offers several programs that can help first-time drug offenders avoid conviction and keep their records clean. These programs reflect the District Attorney’s stated philosophy that “pursuing justice means providing a first-time drug offender with the opportunity to participate in a treatment court program aimed at rehabilitation and recovery.”
Pre-Trial Diversion (PTD) is administered by the Denton County District Attorney’s Office for low-risk, first-time offenders. To qualify, you must be a true first offender with no prior PTD, deferred adjudication, or any other disposition as an adult. If approved, you sign a contract with the DA’s office and complete terms including supervision, drug testing, and possibly treatment or community service. The program typically lasts 12 months. Upon successful completion, your case is dismissed and becomes eligible for expunction, meaning you can legally deny the arrest ever occurred.
First Offender Drug Program (FODP) specifically targets first-time drug offenders considered “self-correctors.” This court-supervised program diverts low-risk offenders away from prosecution. Like PTD, successful completion results in dismissal and eligibility for expunction.
Drug Court provides intensive supervision and treatment for higher-risk felony offenders who struggle with addiction but show genuine desire to recover. The program has four phases with random drug testing throughout. Participants must satisfy the treatment team before advancing to each phase. The goal is giving participants the foundation to maintain recovery and reintegrate into their families and communities.
Mental Health Treatment Court serves offenders whose criminal charges stem from mental health conditions. Participants complete a customized rehabilitation program led by mental health professionals. Successful completion leads to dismissed charges and eligibility for expunction.
Eligibility for these programs depends on the offense, criminal history, substance type, and individual assessment. An experienced Denton County drug lawyer can evaluate whether you qualify and advocate for your admission.
How Do Denton County Drug Lawyers Defend These Cases?
Defending drug charges requires examining every aspect of the investigation and arrest. Our Denton County drug lawyers scrutinize how law enforcement obtained evidence and whether your constitutional rights were violated.
Challenging the traffic stop. Many drug arrests begin with a traffic stop. Police need reasonable suspicion to pull you over. If officers cannot articulate a valid reason for the stop (weaving, speeding, equipment violation), your lawyer can file a motion to suppress all evidence obtained afterward. Without that evidence, the prosecution’s case often collapses entirely.
Attacking the search. The Fourth Amendment protects you from unreasonable searches and seizures. Police generally need probable cause, consent, or a valid warrant to search your vehicle, home, or person. If officers violated your rights, any drugs they discovered may be suppressed as evidence.
Challenging constructive possession. Simply being near drugs doesn’t mean you possessed them. The state must prove you knew the drugs were present and exercised care, custody, or control over them. If drugs were found in a shared space, someone else’s vehicle, or an area accessible to multiple people, we can challenge whether you had the required knowledge and control.
Questioning substance identification. Was the alleged drug actually tested by a certified laboratory? Field tests are notoriously unreliable and can produce false positives for legal substances. Crime labs are backlogged and mistakes happen. Without proper laboratory analysis confirming the substance is actually a controlled substance in the alleged quantity, prosecutors may struggle to prove their case.
Exposing chain of custody issues. Law enforcement must follow strict protocols when handling evidence. Documentation failures, improper storage, or gaps in the chain of custody can undermine the reliability of the state’s evidence.
Negotiating alternatives to conviction. Even when evidence is strong, experienced defense lawyers can often negotiate outcomes that avoid conviction. Pretrial diversion, deferred adjudication, and plea agreements to lesser offenses can protect your record and your future.
Why Choose Varghese Summersett for Your Denton County Drug Case?
Varghese Summersett brings a unique combination of experience and resources to Denton County drug cases. Our team includes former prosecutors who spent years on the other side of the courtroom. They understand how drug cases are built and know exactly where to find weaknesses.
We have three attorneys board-certified in criminal law by the Texas Board of Legal Specialization: Benson Varghese, Anna Summersett, and Letty Martinez. Board certification is the highest level of recognition for criminal defense expertise in Texas, held by fewer than one percent of attorneys. Our firm has more than 100 years of combined criminal law experience and has tried over 750 cases to juries in state and federal courts.
Our track record speaks for itself. We’ve achieved more than 1,600 dismissals and 800 charge reductions across our practice. While we can never guarantee outcomes, we can guarantee aggressive, prepared representation focused on achieving the best possible result in your case.
We regularly practice in Denton County courts and know the local judges, prosecutors, and procedures. This familiarity with the Denton County criminal justice system gives us strategic advantages when defending your case.
What Should You Do If You’re Arrested for a Drug Crime in Denton County?
The steps you take immediately after an arrest can significantly impact your case outcome. Following these guidelines can help protect your rights and your future.
Exercise your right to remain silent. Police will try to get you talking. Anything you say can and will be used against you in court. Politely but firmly decline to answer questions beyond providing basic identification information. You cannot talk your way out of an arrest.
Do not consent to searches. If police ask permission to search your vehicle, home, or person, you have the right to refuse. Saying no doesn’t make you look guilty. It protects your constitutional rights and may provide grounds to challenge evidence later.
Contact a Denton County drug lawyer immediately. The sooner an attorney gets involved, the more options you may have. Early intervention can sometimes prevent charges from being filed, secure pretrial release on favorable terms, or preserve evidence that might otherwise be lost.
Document everything you remember. Write down exactly what happened, what officers said, how the search was conducted, and any witnesses present. These details matter for your defense and can fade from memory quickly.
Avoid discussing your case. Don’t talk about your arrest on social media, by text message, or with anyone except your attorney. Conversations with friends or family are not protected by privilege and can be used as evidence against you.
Denton County Drug Lawyer FAQ
Can a first-time drug offense be dismissed in Denton County?
Yes, dismissals are possible for first-time offenders. Denton County offers Pre-Trial Diversion and the First Offender Drug Program specifically designed to help qualifying defendants avoid conviction. Even outside these programs, an experienced defense attorney can often negotiate dismissals by challenging evidence or identifying constitutional violations. First offenses typically offer the best opportunities for favorable outcomes.
What is the difference between drug possession and possession with intent to deliver?
Simple possession means having drugs for personal use. Possession with intent to deliver means prosecutors believe you planned to sell or distribute the drugs. Intent charges carry significantly harsher penalties. Prosecutors may infer intent from the quantity of drugs, packaging materials, scales, large amounts of cash, or communications suggesting sales activity. Challenging the evidence of “intent” is often central to defending these cases.
Will I go to jail for a drug charge in Denton County?
Not necessarily. Many factors influence whether jail time is likely, including the substance, quantity, your criminal history, and the quality of your defense. First-time offenders charged with small amounts often avoid incarceration through probation, diversion programs, or deferred adjudication. However, larger quantities, trafficking allegations, or repeat offenses significantly increase the likelihood of prison time.
How long does a drug case take in Denton County?
Denton County drug cases vary in duration depending on complexity. Simple misdemeanor possession cases may resolve in a few months. Felony cases requiring lab testing, multiple court appearances, or extensive investigation can take six months to over a year. Defendants admitted to diversion programs typically complete 12 months of supervision before dismissal. An experienced attorney can often expedite favorable outcomes while ensuring your defense isn’t rushed.
What happens if drugs were found in someone else’s car?
Being a passenger in a vehicle where drugs are found doesn’t automatically mean you possessed them. The prosecution must prove you knew the drugs were present and exercised control over them. If you were merely riding in the vehicle and had no knowledge of the drugs, you may have a strong defense. These “constructive possession” cases often turn on the specific facts and locations involved.
Contact a Denton County Drug Lawyer Today
A drug charge doesn’t have to derail your life. With the right defense, many people facing drug accusations avoid convictions, keep their records clean, and move forward with their futures intact.
At Varghese Summersett, we’ve helped hundreds of North Texans fight drug charges in Denton County courts. Our team has the experience, resources, and determination to pursue every available avenue in your defense. We understand the fear and uncertainty you’re facing, and we’re here to guide you through this difficult time.
Call 817-203-2220 today for a free, confidential consultation. We’re available to take your call because arrests don’t wait for business hours. Let us put our experience to work protecting your rights, your freedom, and your future.
