If you’re facing drug charges in Fort Bend County, you’re likely terrified about what comes next. A conviction can mean jail time, thousands in fines, a permanent criminal record, and long-term damage to your career and reputation. The good news is that drug cases are often defensible, and prosecutors don’t always have the evidence they think they do.
At Varghese Summersett, our Fort Bend drug lawyers have helped clients walk away from serious charges. We’ve secured dismissals, obtained non-suits, and negotiated pre-trial diversion programs that keep convictions off our clients’ records. The outcome of your case depends heavily on how quickly you act and who you have fighting for you.
Why You Need Our Fort Bend Drug Lawyer
Fort Bend County prosecutors pursue drug cases aggressively. Whether you’ve been charged with simple possession or manufacturing and delivery, you need an attorney who understands how these cases are built and where they fall apart. Law enforcement makes mistakes. Lab results get challenged. Constitutional rights get violated. Our skilled defense attorney knows how to find these weaknesses and exploit them.
We’ve achieved over 1,600 dismissals and 800 charge reductions in criminal cases throughout Texas. We know Fort Bend County courts, we know the prosecutors, and we know what it takes to protect your future.
Talk to a Fort Bend drug lawyer today. Call (281) 805-2220 for a free consultation.
Types of Drug Charges in Fort Bend County
Drug offenses in Texas fall into several categories, each carrying different penalties based on the type of substance, the amount involved, and whether there’s evidence of intent to distribute. The most common drug charges our Fort Bend attorneys handle include:
Possession of a Controlled Substance: The most common drug charge. Penalties depend on the penalty group classification and the weight of the substance. Even small amounts of certain drugs can result in felony charges.
Possession of Marijuana: Texas still treats marijuana possession as a criminal offense. While small amounts (under 2 ounces) are misdemeanors, larger quantities or THC concentrates can be charged as felonies.
Manufacturing or Delivery: These charges carry significantly harsher penalties than simple possession. Prosecutors often pursue delivery charges when they find large quantities, scales, baggies, or other evidence suggesting sales.
Drug Paraphernalia: Possession of pipes, syringes, or other drug-related items can result in additional charges that complicate your case.
Texas Drug Penalty Groups Explained
Under the Texas Health and Safety Code Chapter 481, controlled substances are classified into penalty groups that determine the severity of charges and punishments. Understanding which group applies to your case is critical.
Penalty Group 1 includes the most dangerous substances like cocaine, heroin, methamphetamine, and fentanyl. These carry the harshest penalties. Under Texas Health and Safety Code § 481.115, possession of less than one gram is a state jail felony, punishable by 180 days to 2 years in state jail. One to four grams becomes a third-degree felony with 2 to 10 years in prison.
Penalty Group 2 includes drugs like MDMA (ecstasy), PCP, and certain hallucinogens. Possession penalties mirror Penalty Group 1 in most cases.
Penalty Group 3 covers certain prescription medications when possessed without a valid prescription, including Valium, Xanax, and anabolic steroids. Under Texas Health and Safety Code § 481.117, less than 28 grams is a Class A misdemeanor.
Penalty Group 4 includes compounds containing limited quantities of certain opioids. Penalties are generally less severe than Groups 1 and 2.
Charged with drug possession? Schedule a free case evaluation: (281) 805-2220.
Potential Penalties for Fort Bend Drug Charges
The penalties you face depend on the specific charge, the amount of drugs involved, your criminal history, and any aggravating factors. Here’s what you could be looking at:
- State Jail Felony: 180 days to 2 years in state jail, fines up to $10,000
- Third-Degree Felony: 2 to 10 years in prison, fines up to $10,000
- Second-Degree Felony: 2 to 20 years in prison, fines up to $10,000
- First-Degree Felony: 5 to 99 years or life in prison, fines up to $10,000
Beyond incarceration and fines, a drug conviction creates collateral consequences that follow you for years. You may lose professional licenses, become ineligible for student financial aid, face difficulties finding employment, and lose your right to possess firearms. These consequences make fighting your charges essential.
Aggravating Factors That Increase Penalties
Certain circumstances can elevate your charges or increase the punishment upon conviction. Prosecutors look for these aggravating factors when building their case:
Drug-Free Zones: If the alleged offense occurred within 1,000 feet of a school, playground, youth center, or other protected area, penalties can be enhanced. What would normally be a state jail felony can become a third-degree felony.
Delivery to a Minor: Providing drugs to someone under 18 carries enhanced penalties and mandatory minimum sentences.
Large Quantities: As the amount of drugs increases, so do the charges. Possessing 400 grams or more of certain substances can result in enhanced first-degree felony charges.
Weapons: The presence of firearms during a drug arrest often leads to additional charges and more aggressive prosecution.
How We Fight Fort Bend Drug Charges
Every drug case has potential weaknesses. Our job is to find them and use them to your advantage. The defense strategies we employ depend on the specific facts of your case, but common approaches include:
Challenging the Search and Seizure: The Fourth Amendment protects you from unreasonable searches. If police searched your vehicle, home, or person without proper justification, any evidence they found may be inadmissible. We scrutinize every search to ensure your rights weren’t violated.
Questioning the Lab Analysis: Prosecutors must prove the substance is actually what they claim it is. Lab errors happen. Chain of custody gets broken. We challenge the scientific evidence when appropriate.
Disputing Possession: Being near drugs doesn’t mean you possessed them. The State must prove you knew the drugs were there and exercised control over them. When drugs are found in a car with multiple occupants or in a shared living space, establishing actual possession becomes difficult.
Exposing Procedural Violations: Did officers read your Miranda rights? Did they follow proper booking procedures? Violations of your constitutional rights can lead to evidence being suppressed or charges being dismissed.
Protect your rights and your future. Call (281) 805-2220 for a free consultation.
Recent Case Results: Drug Charges in the Houston Area
Here’s one recent example from Fort Bend County:
A client faced a third-degree felony charge for Possession of Methamphetamine in Fort Bend County. The charge carried the potential for 2 to 10 years in prison. Attorney Mike Hanson took on the case and was able to secure a non-suit, meaning the prosecution dismissed the case entirely. Our client walked away without a conviction and without having to plead guilty to anything. (Case No. 25-CJV-029132, November 2025)
Past results do not guarantee future outcomes, but they demonstrate our commitment to fighting for the best possible result in every case we handle.
Pre-Trial Diversion and Alternative Sentencing Options
Not every drug case goes to trial, and not every case that doesn’t go to trial results in a conviction. Fort Bend County offers several programs that may allow you to avoid a permanent criminal record.
Pre-Trial Diversion Programs: For certain first-time offenders, the district attorney’s office may offer diversion programs. Successful completion typically results in charges being dismissed. Our attorneys have negotiated probation and diversion arrangements that protect our clients’ futures.
Drug Court: Fort Bend County’s drug court program provides intensive supervision and treatment as an alternative to incarceration. This option focuses on rehabilitation rather than punishment and can result in charges being dismissed upon successful completion.
Deferred Adjudication: This form of probation allows you to avoid a final conviction if you complete all requirements. While it’s not the same as a dismissal, it can allow you to petition for nondisclosure and limit who can see your record.
What Happens After a Drug Arrest in Fort Bend County
If you’ve been arrested for a drug offense in Fort Bend County, here’s what you can expect in the criminal court process:
Booking and Bond: After arrest, you’ll be taken to the Fort Bend County Jail for booking. Depending on the charge, you may be released on bond or held until a magistrate sets bond. Bond amounts vary based on the charge, your criminal history, and other factors.
Arraignment: You’ll appear before a judge to hear the charges against you and enter an initial plea. This is where having an attorney becomes critical.
Discovery and Investigation: Your attorney will obtain all evidence the prosecution plans to use, including police reports, lab results, and witness statements. This is also when we investigate the facts independently and identify potential defenses.
Pre-Trial Negotiations: Many cases are resolved through negotiations with prosecutors. An experienced attorney can often secure reduced charges, diversion programs, or dismissals without going to trial.
Trial: If negotiations don’t produce an acceptable outcome, we’re prepared to take your case to a jury. Our attorneys have extensive trial experience and won’t back down when a fight is necessary.
Don’t face these charges alone. Call (281) 805-2220 to speak with a Fort Bend drug lawyer.
What to Expect From Varghese Summersett
When you hire our Fort Bend criminal defense lawyers, you’re not getting a plea-mill attorney who just shuffles your case through the system. You’re getting a team that will:
- Thoroughly investigate every aspect of your case
- Challenge questionable evidence and constitutional violations
- Communicate with you at every stage of the process
- Negotiate aggressively with prosecutors for the best possible outcome
- Take your case to trial if that’s what it takes to protect your rights
Our attorneys include former prosecutors who understand how the other side thinks. We have board-certified criminal law specialists on our team. And we have a track record of results that speaks for itself: more than 1,600 dismissals and 800 charge reductions across Texas.
Frequently Asked Questions: Fort Bend Drug Charges
Can drug charges be dropped in Fort Bend County?
Yes. Drug charges can be dropped or dismissed for various reasons, including insufficient evidence, constitutional violations, successful completion of diversion programs, or problems with the State’s case. An experienced attorney can identify opportunities for dismissal that you might not see on your own.
What’s the difference between possession and intent to distribute?
Simple possession means having drugs for personal use. Intent to distribute (or delivery) implies you intended to sell or give drugs to others. Prosecutors infer intent from factors like quantity, packaging, scales, large amounts of cash, or multiple cell phones. Delivery charges carry significantly harsher penalties.
Will I go to jail for a first-time drug offense?
Not necessarily. First-time offenders often qualify for diversion programs, deferred adjudication, or probation. The outcome depends on the specific charge, the amount involved, and your criminal history. Having a skilled attorney dramatically improves your chances of avoiding jail.
Can I get my drug charges expunged?
If your case is dismissed or you’re found not guilty, you may be eligible for expunction, which completely erases the arrest from your record. If you receive deferred adjudication, you may qualify for an order of nondisclosure, which limits who can access your record. Our attorneys can help you pursue record clearing after your case concludes.
How much does a Fort Bend drug lawyer cost?
Attorney fees vary based on the complexity of your case, the charges involved, and whether the case goes to trial. We offer free initial consultations and can discuss fee arrangements during that meeting. What you can’t afford is a conviction that follows you for life.
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Facing charges in Fort Bend County? Get a free consultation.
Get Help Today From a Fort Bend Drug Lawyer
A drug charge doesn’t have to define your future. With the right defense, you can fight back against the prosecution’s case and work toward the best possible outcome. Whether that means dismissal, diversion, or fighting at trial, our Fort Bend drug lawyers are ready to stand with you.
Call Varghese Summersett at (281) 805-2220 for a free consultation. Time matters in criminal cases. The sooner you have an attorney investigating your case and protecting your rights, the better your chances of a favorable outcome.
