San Antonio faces significant problems with drug abuse, drug addiction, and even drug death. Like in many places throughout the U.S., the highly addictive and dangerous opioid fentanyl has been introduced into the already illicit and unsafe street drug market. Getting drugs off the streets for everyone’s safety and well-being is a major legal priority, so in San Antonio and Bexar County, drug possession charges are one of the most common reasons for arrest.
A drug arrest can happen in a flash; whether in a residence, car, or public place. If it happens to your loved one, you’ll need to understand:
- How to mount a legal defense;
- What potential penalties they face;
- Navigating the legal system to yield the best possible outcome.
First, though, you’ll have to understand the bail process. River City Bail Bonds can help you understand it, get your loved one out on bond, and navigate what comes next. This quick guide to drug possession arrests will give you a start.
What Constitutes Drug Possession in Texas
In the state of Texas, there are two different categories of possession:
- Physical possession: having drugs on your person;
- Constructive possession: having drugs in your car or home.
For people charged with either, the prosecution must prove that the person had “care, custody, control, or management of a controlled substance,” meaning they:
- Knew the drugs were there and;
- Could control their location.
Your legal representation should explain if and how these factors impact your loved one’s case.
How Texas Classifies Controlled Substances
The Texas Controlled Substances Act breaks out controlled substances into four “Penalty Groups.” They are:
Group 1:
The drugs deemed most dangerous, like heroin, methamphetamine, and phencyclidine (“angel dust”).
Group 2:
Psychoactive and hallucinogenic substances, including well-known psychedelics like psilocybin (“magic mushrooms”), chemicals like dimethyltryptamine (DMT) and Ibogaine, and synthetic cannabinoids (“Spice” or “K2”).
Group 3:
Commonly prescribed drugs that are illegal when possessed illicitly, like methylphenidate (Ritalin), benzodiazepines (Valium, Xanax, etc.), and other pharmaceuticals.
Group 4:
Particular medical preparations of small amounts of narcotics combined with non-narcotic compounds.
The Penalty Groups are related to, but do not correspond directly with, the five Federal categories for scheduling drugs.
Misdemeanor vs. Felony Drug Possession
Possessing smaller quantities of drugs in Penalty Groups 3 and 4 carries misdemeanor charges, but possessing larger quantities implies intent to distribute, carrying felonies.
In cases involving marijuana possession of under two ounces carries a misdemeanor charge.
Drugs in higher penalty groups, however, like cocaine, always carry felony charges.
Penalties for drug possession include fines, probation, and jail time, depending on the drug, the amount found, and other factors like prior arrests.
What Happens After a Drug Possession Arrest in San Antonio
When someone is arrested for drug possession in San Antonio, they are processed at a local facility, for example, the Bexar County Jail, then have bail set by a magistrate (if the magistrate determines the person is eligible).
The arrested party must then determine how to pay bail to await trial outside of jail. The options are:
- Cash bail: Paying the full bail amount (often a large amount) which is refunded if the person adheres to all conditions;
- Bail bond: Paying a non-refundable fraction of the full bail (usually 10%) to a bond agency.
Contacting a bail bond agency as soon as possible can also help navigate the bail process, taking the weight off your shoulders and speeding it along.
How Bail Works for Drug Possession Charges
When calculating bail, a magistrate considers:
- The type of drug;
- Amount of the drug;
- Criminal history;
- Chances the arrested party will abscond.
The bail a magistrate sets is not a fine or punishment for the crime, but an amount the court holds to ensure the bailed-out party attends court dates (after which it is refunded).
River City Bail Bonds is available to help people post bail fast, and during non-business hours, reducing the time someone will have to spend in detainment.
Steps to Take After Securing Bail
A person out on bond must take court-imposed demands and restrictions seriously, or risk losing/owing their full bail and/or facing a return to detention. This means they must attend all court dates and will likely also have to:
- Not use drugs and possibly submit to drug testing;
- Check-in regularly with the court;
- Adhere to travel restrictions.
While out on bail, the person should remain in frequent touch with their lawyer and their bond agent, to be certain everything progresses smoothly.
If your loved one has been arrested on drug possession charges in San Antonio, contact River City Bail Bonds for immediate assistance. If you need more information on how bail works in these cases, our Drug Possession Bail Bonds page breaks down what to expect and how we can help. Taking the right steps, right away, can determine their future. We’re available 24/7 to help get your loved one out and ready for what’s to come.
