
SOUTHERN BORN
TEXAS RAISED


© 2023 by Thornton Criminal Defense, PLLC.
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.


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
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.
