Practice Areas

Contact Us for Appointments, After Hours Jail Releases & Emergencies

Call 512-474-6484

Drug Offenses

Our firm has extensive experience handling a broad array of drug offenses. Lawyer Scott C. Smith is a board certified Criminal Law Specialist with over twenty years of experience handling drug crimes from possession of a small amount of marijuana to federal conspiracy cases involving distribution of controlled substances. Based in Austin, defense lawyer Scott C. Smith has represented hundreds of clients charged with misdemeanor and felony drug charges in Travis, Williamson, and Hays counties as well as throughout Texas.

If you or a friend or loved one are charged with a drug offense, please contact us so that our Texas drug lawyers can help you as soon as possible. You may call us at 512-474-6484 or email us at For a number of reasons, it is very important to procure legal representation as soon as possible when facing a drug charge or offense. In some cases it may be possible to suppress evidence that was illegally obtained in violation of the Texas and United States constitutions. In other cases, we can help clients get the best personalized and individual treatment as soon as possible.

Drug offenses are some of the most frequently charged crimes in Austin and Travis County. The War on Drugs, first begun in 1971 by President Nixon, has resulted in the incarceration of thousands of non-violent drug offenders despite studies showing that their incarceration increases their chance of recidivism while costing tax payers millions of dollars. While many have come to see drug addiction as a disease that can be successfully prevented and treated, hiring the best Texas drug attorney is the first step in defending your rights and freedom.

In Texas, drug offenses are either filed in State or Federal courts. Simple possession offenses are almost always filed in the county where the offense allegedly occurred. Larger conspiracies to manufacture or sell drugs may be filed in one of the Texas Federal Courts depending on the facts of the case. Any accusation that an offense extended beyond state lines makes it subject to federal jurisdiction. There are a number of other factors that may also cause a case to be prosecuted in Federal courts rather than State courts.  In some situations, a case may begin in State court and then be moved to Federal court based on further investigation by law enforcement or prosecutors. An experienced drug attorney in Texas must be familiar with all possibilities in order to best protect your rights.

The type of drug being used, possessed, sold, or manufactured will determine the severity of the charge. In Texas state courts, drugs are classified according to the Texas Schedule of Controlled Substances. Drugs listed in Schedules 1 and 2 carry most severe penalties and those in 3 and 4 are less severe and usually filed as misdemeanors. The Texas Health and Safety Code Chapter 481 lists the offenses and corresponding punishments for most state drug offenses.

While every case is different, often drug cases involve issues relating to the legality of the search and seizure of the contraband and how the contraband is linked to the accused to prove that the person charged is responsible for possession of the substance. Defense attorney and Texas drug lawyer Scott C. Smith is experienced in litigating issues that involve complex analysis of the 4th Amendment of the United States Constitution, federal and state exclusionary rules, and other laws that govern how police may conduct searches and seizures.

Contact Austin Criminal Defense Attorney Scott C. Smith

For detailed, thorough, and aggressive defense of federal or state drug charges in Austin, Travis County, Williamson County, Hays County, and Texas, contact Scott C. Smith at 512-474-6484 or