If you have been arrested for cocaine possession in Houston, you need an experienced criminal defense attorney who will fight for your rights. In Texas, possession of cocaine is a serious criminal offense that can result in severe penalties, including jail time, heavy fines, and a permanent criminal record. At Ceja Law Firm, we focus on securing case dismissals and reduced charges through strategic legal defenses.
Attorney Jose Ceja is a former drug prosecutor and Board-Certified in Criminal Law by the Texas Board of Legal Specialization. His experience gives him unique insight into drug cases, helping clients challenge their charges effectively. Mr. Ceja is recognized as a Texas Super Lawyer.
What Is Cocaine?
Cocaine is a powerful stimulant derived from the coca plant. It is classified as a Penalty Group 1 controlled substance under Texas law, meaning it has no recognized medical use and carries severe criminal penalties. Cocaine is commonly used recreationally and is often encountered in powdered or crack form.
In Houston, arrests for cocaine possession frequently involve small amounts (2-3 grams or less), but even a small amount can lead to a felony charge.
Penalties for Cocaine Possession in Texas
The penalties for cocaine possession in Texas can be severe and are based on the weight of the substance, including adulterants and dilutants. Under Texas Health and Safety Code 481.102(D), cocaine is considered a Penalty Group I substance. Under Texas Health and Safety Code 481.115, cocaine possession is subject to the following penalties:
- Less than one gram: State jail felony punishable by 180 to 2 years and a fine of up to $10,000.
- 1 to 4 grams: Third-degree felony punishable by 2-10 years and a fine of up to $10,000.
- 4 grams to 200 grams: Second-degree felony publishable by 2-20 years and a fine of up to $10,000.
- 200 grams to 400 grams: First-degree felony punishable by 5-99 years and a fine of up to $10,000.
- More than 400 grams: Punishable by 10-99 years and a fine of up to $10,000.
Cocaine Distribution & Manufacturing Charges
Texas law has different punishment ranges for the delivery of cocaine and manufacture of cocaine. Delivery can be accomplished in several ways other than physically handing off cocaine. Under Texas law, “delivery” can be accomplished by an actual transfer (as in a hand-to-hand transaction), constructive transfer (like leaving drugs at a “drop point), or an offer to sell. Similarly, “manufacturing” is broadly defined to include the production, preparation, compounding, conversion, packaging or labeling of cocaine. Under Texas Health and Safety Code 481.112, delivery of cocaine is subject to the following penalties:
- Less than one gram: State jail felony punishable by 180 to 2 years and a fine of up to $10,000.
- 1 to 4 grams: Second-degree felony publishable by 2-20 years and a fine of up to $10,000.
- 4 grams to 200 grams: First-degree felony punishable by 5-99 years and a fine of up to $10,000.
- 200 grams to 400 grams: Punishable by 10-99 years and a fine of up to $10,000.
- More than 400 grams: Punishable by 15-99 years and a fine of up to $10,000.
Long-Term Consequences of a Cocaine Conviction
A conviction for cocaine possession can have lifelong consequences, including:
- Employment Barriers: Many employers conduct background checks and reject applicants with drug convictions.
- Loss of Professional Licenses: Nurses, teachers, and other licensed professionals risk losing their certifications.
- Housing & Loan Denials: A felony drug conviction can make it harder to rent a home or qualify for loans.
- Firearm Restrictions: A felony conviction results in a lifetime ban on gun ownership under federal law.
Common Defenses in Cocaine Possession Cases
As a former drug prosecutor, Jose Ceja knows how the State builds its cases—and how to fight back. Some of the most effective defenses in cocaine cases include:
1. Illegal Search and Seizure
Under the Fourth Amendment, police must follow strict procedures when conducting searches. If your car, home, or person was searched without probable cause or a valid warrant, the evidence may be suppressed, possibly leading to dismissal of your case.
2. Lack of Possession
Just because cocaine was found near you does not mean you were in legal possession of it. Prosecutors must prove you had knowledge and control over the substance. If drugs were found in a shared vehicle or home, this defense can be highly effective.
3. Faulty Drug Testing or Chain of Custody Issues
Cocaine must be properly tested in a state-approved crime lab to be used as evidence. If there were errors in handling, testing, or documentation, your attorney can challenge the validity of the drug evidence.
4. Entrapment
If police pressured or tricked you into committing a crime that you otherwise would not have committed, an entrapment defense may apply.
5. Medical Emergency Defense
Texas law provides limited protections for individuals who seek medical assistance for an overdose. In some cases, this can lead to a dismissal or reduction of charges.
6. Constitutional Violations
Your defense attorney will review whether your Fifth and Sixth Amendment rights were violated during questioning, detention, or trial proceedings. Any procedural misconduct may be grounds to challenge the case.
As a former drug prosecutor, Jose Ceja knows how the State builds its cases—and how to fight back. Some of the most effective defenses in cocaine cases include:
Pre-Trial Diversion Programs & The RIC Court
What Is the RIC Court?
In Houston, first-time cocaine possession cases may qualify for the Responsive Interventions for Change (RIC) Court. This special court, run by the Harris County District Attorney’s Office, focuses on treatment and rehabilitation rather than punishment.
If you were arrested with less than four grams of cocaine, you may be eligible for pre-trial diversion, which allows you to:
- Avoid a conviction
- Complete drug treatment programs
- Have your case dismissed upon successful completion
While RIC Court provides a second chance, you still need a strong legal defense to challenge your charges and ensure the best outcome.
For more information on Texas drug laws, visit our Houston Drug Possession Attorney page.
Expunctions & Clearing Your Record
If your cocaine possession case is dismissed or you are found not guilty, you may qualify for an expunction, which erases all records of your arrest and legally entitles you to deny the arrest in most instances.
Who Qualifies for an Expunction in Texas?
- Cases that resulted in a dismissal or acquittal
- Charges that were never formally filed
- Cases where the defendant completed a pre-trial diversion program
Expunction Process:
- File a petition for expunction in the county where you were arrested.
- Attend a court hearing, where a judge reviews your eligibility.
- If granted, your records will be deleted from all public and government databases.
If your cocaine possession case is dismissed or you are found not guilty, you may qualify for an expunction—which erases all records of your arrest. This is critical for preventing issues with:
- Employment background checks
- Professional licensing
- Housing applications
If you are not eligible for an expunction, you may still qualify for a non-disclosure order, which seals your record from most background checks.
Immigration Consequences of a Cocaine Conviction
If you are not a U.S. citizen, a conviction for cocaine possession can result in:
- Deportation or removal
- Denial of a green card or visa
- Ineligibility for U.S. citizenship
Although Ceja Law Firm does not practice immigration law, we work with immigration attorneys to minimize the impact of criminal charges on non-citizen clients.
Frequently Asked Questions (FAQ)
What happens at my first court date for a cocaine charge in Houston?
Your first court appearance, called an arraignment, is where the judge:
- Informs you of your charges
- Sets bail conditions (if applicable)
- Gives you the option to enter a plea
Having an experienced defense attorney at this stage is critical for protecting your rights.
How do I choose the right drug possession attorney for a cocaine charge?
When selecting a criminal defense lawyer, consider:
- Experience handling drug cases
- Track record of dismissals and reduced charges
- Familiarity with Harris County courts
- Personalized attention to your case
Attorney Jose Ceja is a former drug prosecutor with a proven history of successfully defending drug possession cases.
Is it possible to get a first-offense cocaine charge dismissed in Houston?
Yes. A first-time cocaine possession case can be dismissed if the facts are weak, if there was a violation of your rights, or through a pre-trial diversion program. An experienced cocaine defense attorney can help you maximize your chances of a dismissal.
Contact an Experienced Houston Cocaine Possession Attorney
A cocaine possession charge can have life-changing consequences, but an aggressive legal defense can protect your future. Attorney Jose Ceja has extensive experience fighting drug charges and helping clients get their cases dismissed or reduced. Call Ceja Law Firm today for a free consultation and start building your defense.
