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Bexar County Criminal Defense Attorney Brad Thornton

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  2. Former Prosecutor

  3. 100+ Courtroom Victories

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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064

FORMER CHIEF PROSECUTOR

PERSONALIZED ATTENTION TO YOUR CASE

NO HOURLY RATES, ALWAYS A FLAT FEE

CLIENT CENTERED APPROACH TO YOUR CASE

BOARD CERTIFIED IN CRIMINAL LAW 

OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW

WHY HIRE THORNTON CRIMINAL DEFENSE?

Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.

Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.

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Attorney for Possession of a Controlled Substance (PCS) in San Antonio, Texas

Possession of a Controlled Substance (Cocaine, Meth, etc)

Texas Health and Safety Code § 481.115 - POSS CS PG 1/1-B; Texas Health and Safety Code § 481.116 - POSS CS PG 2; Texas Health and Safety Code § 481.1161 - POSS CS PG 2-a; Texas Health and Safety Code § 481.117 - POSS CS PG 3; Texas Health and Safety Code § 481.178 - POSS CS PG 4

Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting a lawyer with the experience to handle your case.

Attorney for Possession of a Controlled Substance (PCS) in San Antonio, Texas


Pursuant to the Texas Health and Safety Code, it is a criminal offense to possess a controlled substance, unless the substance is obtained through a valid prescription or is otherwise authorized by law. Controlled substances are classified into penalty groups, with each group carrying different criminal penalties for possession.


Penalty Group 1 - includes drugs such as cocaine, methamphetamine, ketamine, oxycodone, methodone and heroin.


Penalty Group 1-A - includes drugs such as lysergic acid diethylamide (LSD) and other hallucinogens.


Penalty Group 1-B - includes fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl.


Penalty Group 2 - includes drugs such as Ecstasy and other synthetic drugs.


Penalty Group 2-A - includes derivatives of cannabinol.


Penalty Group 3 - includes many benzodiazepines and sedatives including drugs such as Valium, hydrocodone, and Xanax.


Penalty Group 4 - includes drugs such as Darvocet, morphine, and other prescription medications.


It is important to note that these penalties are for possession of a controlled substance only, and do not take into account any additional charges that may be filed based on the circumstances of the case, such as intent to distribute or possession with intent to distribute.


If you have been charged with possession of a controlled substance in Texas, it is important to seek the assistance of an experienced criminal defense attorney who can help you understand the charges against you and defend your rights.

Penalties for Possession of a Controlled Substance in Texas


PENALTY GROUP 1 or 1-B

  • Less than 1 gram – State Jail Felony

  • More than 1 gram and less than 4 grams — Third-Degree Felony

  • More than 4 grams and less than 200 grams — Second-Degree Felony

  • More than 200 grams and less than 400 grams — First-Degree Felony

  • 400 grams or more — Super Felony punishable by 10-99 years in prison, a fine up to $100,000, or both


PENALTY GROUP 1-A

Because this group deals exclusively with LSD, the penalties are separated into "dosage units"

  • Less than 20 units— State Jail Felony

  • More than 20 units and less than 80 units— Third-Degree Felony

  • More than 80 units and less than 4,000 units— Second-Degree Felony

  • More than 4,000 and less than 8,00 units— First-Degree Felony

  • 8,000 or more units - Super Felony punishable by 15-99 years in prison, fine up to $250,000, or both.


PENALTY GROUP 2

  • Less than 1 gram— State Jail Felony

  • More than 1 gram and less than 4 grams— Third-Degree Felony

  • More than 4 grams and less than 400 grams— Second-Degree Felony

  • 400 grams or more— First-Degree Felony with a fine enhanced up to $50,000


PENALTY GROUP 2-A

  • 2 ounces or less — Class B Misdemeanor

  • 4 ounces or less but more than 2 ounces— Class A Misdemeanor

  • 5 pounds or less but more than 4 ounces — State Jail Felony

  • 50 pounds or less but more than 5 pounds — Third-Degree Felony

  • 2,000 pounds or less but more than 50 pounds — Second-Degree Felony

  • More than 2,000 pounds — First-Degree Felony with a fine enhanced up to $50,000


PENALTY GROUP 3

  • Less than 28 grams— Class A Misdemeanor

  • More than 28 grams and less than 200 grams— Third-Degree Felony

  • More than 200 grams and less than 400 grams— Second Degree Felony

  • 400 grams or more— First-Degree Felony with a fine enhanced up to $50,000


PENALTY GROUP 4

  • Less than 28 grams— Class B Misdemeanor

  • More than 28 grams and less than 200 grams— Third-Degree Felony

  • More than 200 grams and less than 400 grams— Second Degree Felony

  • 400 grams or more— First-Degree Felony with a fine enhanced up to $50,000


Search and Seizure Issues Relating to Drug Crimes


Search and seizure issues are common in arrests for drug crimes in Texas, as law enforcement officers must often rely on searches and seizures to gather evidence in these cases. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government, and this protection extends to drug crime cases.


One common search and seizure issue in drug cases is the use of warrantless searches. In general, law enforcement officers must obtain a search warrant before conducting a search, unless they have probable cause to believe that evidence of a crime will be found and there are exigent circumstances that make it impractical to obtain a warrant. However, there are exceptions to the warrant requirement, such as searches conducted incident to a lawful arrest, searches of vehicles, and searches of areas within the immediate control of the suspect.


One such exception is the automobile exception to the warrant requirement, which allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe that the vehicle contains evidence of a crime. This exception is based on the idea that vehicles are mobile and may be driven away before a warrant can be obtained, and that there is a reduced expectation of privacy in a vehicle.


Another search and seizure issue that may arise in drug cases is the use of "drug-sniffing" dogs. The use of drug-sniffing dogs has been found to be constitutional, as long as the dog is trained and reliable and the search is not excessively intrusive. However, if the dog gives a false alert or the search is otherwise unreasonable, the evidence discovered as a result of the search may be suppressed.


Drug crimes may also be discovered during a traffic stop. If an officer has probable cause to believe that a traffic violation has occurred, he or she may stop the vehicle and conduct a brief investigation. If the officer observes evidence of a drug crime during the stop, he or she may search the vehicle or arrest the suspect.


A "whisper stop" is a type of traffic stop in which an officer follows a vehicle and waits for it to commit a minor traffic violation, such as failing to signal a turn, before initiating the stop. Usually, the officer has received a tip from an informant that the vehicle is carrying large amounts of cash or drugs. This tactic allows the officer to stop the vehicle without alerting the occupants to the true purpose of the stop.


If an officer cannot or does not properly state his reasonable suspicion that he used to stop the vehicle, any search of the vehicle or its occupants could be suppressed from evidence and excluded from the trial.


If you have been arrested for a drug crime in Texas and believe that your Fourth Amendment rights have been violated, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options. An attorney can review the circumstances of your case and determine if any search and seizure issues may be raised as a defense.

Punishment Ranges

Level of Offense

Potential Incarceration

Potential Fine

First-degree Felony

Second-degree Felony

Third-degree Felony

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

2 - 10 years in prison

180 days - 2 years in jail

Up to 1 year in jail

Up to 180 days in jail

2 - 20 years in prison

5 - 99 years in prison

Up to $10,000

Up to $10,000

Up to $10,000

Up to $10,000

Up to $4,000

Up to $2,000

Common Defenses to Possession of a Controlled Substance in Texas


Here are some common defenses to possession of a controlled substance:


  1. Lack of knowledge: In order to be convicted of possession of a controlled substance, the prosecution must prove that the defendant knew that the substance was present and that it was a controlled substance. If the defendant can show that he or she was unaware of the presence of the substance, or that he or she believed the substance to be something else, this may be a valid defense.

  2. Lack of control: Possession requires both knowledge of the controlled substance and control over it. If the defendant can show that he or she did not have control over the location where the controlled substance was found, or that someone else had equal access to the area, this may be a valid defense.

  3. Medical necessity: If the defendant had a valid prescription for the controlled substance or was using the substance for a legitimate medical purpose, this may be a defense to possession charges.

  4. Entrapment: If the defendant can show that he or she was induced or persuaded by law enforcement to possess the controlled substance, this may be a defense to possession charges.

  5. "Those aren't my pants": In some cases, a defendant may be charged with possession of a controlled substance that was found in a location where multiple people had access, such as a shared living space or a vehicle. If the defendant can show that the controlled substance was not his or hers and that he or she had no knowledge of it, this may be a valid defense.


It is important to note that these defenses may not be applicable in all cases, and it is important to speak with an experienced criminal defense attorney to determine the best defense strategy for your case.


Attorney Brad Thornton


If you have been charged with possession of a controlled substance in San Antonio, Texas, it is important to seek the assistance of an experienced and qualified criminal defense attorney. Board-certified criminal defense attorney Brad Thornton is an excellent choice for those facing possession charges in San Antonio.


As a former chief prosecutor, Brad Thornton has a unique perspective on the criminal justice system and a deep understanding of how the prosecution builds its cases. He has successfully represented countless clients in possession cases and knows how to effectively defend against these charges.


In addition to his extensive experience and knowledge of the law, Brad Thornton is a board-certified criminal defense attorney, a distinction earned by only a small percentage of attorneys in Texas. To become board-certified, an attorney must have a proven track record of excellence in criminal law, pass a rigorous exam, and meet ongoing education requirements. This certification is a testament to Brad Thornton's expertise and dedication to his clients.


If you have been charged with possession of a controlled substance in San Antonio, do not hesitate to contact Brad Thornton for a free consultation. He will take the time to listen to your side of the story and provide you with an honest assessment of your case. With his help, you can make informed decisions about your defense and work towards the best possible outcome.

FORMER PROSECUTOR

San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the "other side" and has tried the toughest of cases out there. Put his experience and knowledge to work for you.  

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Daryl M.

Elmendorf, Texas

If you need a criminal lawyer, Brad Thornton is an excellent choice. He is intelligent, trustworthy, and highly professional, with an amazing understanding of the law.

 

Choosing the right lawyer can shape the rest of your life, so make sure to make the right decision and choose Brad Thornton.

Brian F. 

San Antonio, Texas

I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation.

Stephanie S.

San Antonio, Texas

We recently faced a stressful family matter and turned to Brad for legal guidance. He was extremely compassionate and helped us understand our options and the legal process in an easy-to-follow way. We are thrilled with the outcome of our case and are grateful to Brad for his help. Thank you!

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