Drug Defense FAQs

Just try not to make it worse. It is best to stay calm and polite. Admit nothing. Do not voluntarily consent to a search. Assert all your rights.

The cop will likely search, anyway. Generally, courts will uphold that search.

Unfortunately, that also means the cop will be more likely to find other contraband, too, if present. For example, you may also have a grinder, bong, or a drug for which you have no prescription. 

If you are somehow reading this before you have to use the information, you can avoid a world of hurt by not traveling with anything illegal. A mini-baggie of mushrooms may haunt you decades from now, for instance. 

When the officer continues to ask you questions, assert your right to not answer questions. Some cops may actually count cooperation in your favor, but now is not the time to rely upon the benevolence of the cop who has detained you. 

If you have nothing more than a small amount of weed, it's possible you could avoid arrest at that time because you may get a ticket, instead. DO NOT let that fool you into thinking the charge is any different because it isn't. Marijuana is still illegal in Texas, even if Texas doesn't have a good way to figure out the difference between illegal marijuana and legal hemp.

Little you can do at that time can change anything in your favor. Doing whatever the officer wants is usually not in your best interests.

Hire an attorney with experience in matters like this. Criminal defense lawyer Phillip W. Goff has more than 30 years of experience defending people from drug charges. When determining the strength or weakness of cases like yours, important facts need to be developed. Where were the drugs found? Where were you? Were the drugs within your reach? Were the drugs in plain sight? Were the drugs in a container owned by you? Was the car owned by you? Were you the driver of the car? Was there an odor of drugs in the car? Did you have any drug paraphernalia in your possession? What were the circumstances of your trip? What are the answers to these questions as to the other people in the car? This list of questions is not exhaustive. Depending upon your case, many other questions could arise. If you were not in actual possession of the drugs, the state must prove constructive possession by way of “affirmative links” between you and the drugs.

Many things could happen to you, including going to jail (misdemeanors) or prison (felonies), having to report to probation, having to pay fines, court costs, and other fees. Most people are already aware of those issues. Many people don’t realize they may lose their driver license for 6 months for having any amount of marijuana, for example. Felonies are worse than misdemeanors, of course, and more collateral consequences attach to felony convictions. Conviction can lead to being unable to vote, unable to possess a firearm for many years, being ineligible for some public offices, losing your driver license, losing your professional license, becoming ineligible for obtaining some licenses, being ineligible for some public benefits like housing, as well as facing discrimination in housing and employment for the rest of your life and many other negative effects. It’s critical for you to hire an attorney experienced in defending drug cases. Attorney Phillip W. Goff has been defending people against drug cases for 30 years.

The answer is it can vary greatly and depends upon your case, your criminal history, the level of the charge, and the attorney. Many attorneys in South Texas take drug cases. No two attorneys are equal. You’ll have to decide for yourself who to hire. In making your hiring decision, keep in mind your case can affect you for the rest of your life. Some lawyers will charge you much less than others. Some young lawyers may charge under $1,000. Expect to spend thousands of dollars for most experienced attorneys, especially if your case ultimately goes to trial. Drug defense lawyer Phillip W. Goff has over 30 years of experience.