DWI Charges in Texas (2025): What You Need to Know
A DWI (Driving While Intoxicated) charge in Texas can be a frightening and life-altering experience. Whether itβs your first offense or youβve been through the system before, the penalties for DWI in 2025 are serious β and getting the right legal defense can make all the difference.
In this guide, we’ll explain what counts as a DWI in Texas, what penalties you could face, how the process works, and what to do if you’ve been charged in Fort Bend County or surrounding areas.
What Is Considered a DWI in Texas?
Under Texas Penal Code § 49.04, a person commits DWI when:
“The person is intoxicated while operating a motor vehicle in a public place.”
“Intoxicated” means:
A blood alcohol concentration (BAC) of 0.08% or higher, OR
Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination
Even if your BAC is under 0.08%, you can still be arrested if the officer believes you’re impaired.
Common DWI Scenarios in Texas
You can be charged with DWI in various situations:
Failing a breathalyzer or blood test
Refusing a test (which triggers license suspension)
Driving under the influence of prescription drugs
Driving while using marijuana or other substances
Being stopped at a DWI checkpoint or traffic stop
DWI Penalties in Texas (2025)
The consequences for a DWI conviction vary depending on your criminal history, BAC level, and whether any property damage or injury occurred.
Offense
Penalty
1st Offense
Up to 180 days in jail, $2,000 fine, license suspension (up to 1 year)
2nd Offense
Up to 1 year in jail, $4,000 fine, license suspension (up to 2 years)
3rd Offense
2–10 years in prison, $10,000 fine, felony record
DWI with Child Passenger
State jail felony: 180 days – 2 years in jail, $10,000 fine
Enhanced Penalties
BAC ≥ 0.15%, open container, or accident with injury
In addition to criminal penalties, a DWI conviction can impact:
Employment opportunities
Professional licenses
Auto insurance rates
Immigration status
What Happens After a DWI Arrest in Texas?
Here’s a quick breakdown of the typical DWI process:
Arrest & Booking
Administrative License Revocation (ALR) hearing β must be requested within 15 days
Court appearances and pretrial motions
Negotiations, possible plea deal, or trial
Sentencing or case dismissal
The most critical step is hiring a DWI defense attorney as soon as possible to protect your rights and challenge the evidence.
Can a DWI Be Dismissed in Texas?
Yes, but it depends on the facts of your case. A skilled attorney may be able to get your DWI charges reduced or dismissed if:
The traffic stop was unlawful
Field sobriety tests were improperly administered
Breathalyzer equipment was faulty or misused
Blood samples were mishandled or delayed
There was no probable cause for arrest
Alternatives to Jail Time for First-Time Offenders
In Fort Bend County, first-time DWI offenders may qualify for:
Deferred adjudication
Pretrial diversion programs
Alcohol education classes
Community supervision (probation)
These alternatives can keep the conviction off your record — but must be negotiated early in the process.
What If I Refused the Breath or Blood Test?
Refusing a test triggers automatic license suspension under Texasβs βimplied consentβ law:
180-day suspension for 1st refusal
2-year suspension for a prior alcohol-related contact
You have 15 days from your arrest to request an ALR hearing to fight the suspension.
Fight Your DWI Charge with an Experienced Fort Bend Attorney
DWI charges move fast — and the consequences are serious. You need a defense attorney who knows how the system works in Fort Bend County and can build a strong strategy to protect your future.
Attorney Lee D. Cox has helped hundreds of clients fight DWI charges in Richmond, Sugar Land, Rosenberg, and nearby areas. With over 20 years of experience, he understands how to challenge evidence, negotiate with prosecutors, and fight for dismissals or reduced penalties.
π Don’t Wait. Call Lee D. Cox Today.
If you’ve been arrested for DWI in Texas, call 281-762-7345 now or contact us online. Your consultation is confidential, and time is critical.
Resisting Arrest in Texas: What You Need to Know in 2025
In a tense or confusing moment, even a small act of hesitation or physical movement can lead to an unexpected charge: resisting arrest. In Texas, this offense is taken seriously β and often misunderstood.
Whether the arrest was justified or not, resisting arrest can escalate your legal situation quickly. In some cases, it becomes the charge that sticks when others fall apart.
In this 2025 guide, we’ll explain what legally counts as resisting arrest in Texas, how it’s punished, and what you should do if you’re facing this charge in Fort Bend County or surrounding areas.
What Is Considered Resisting Arrest in Texas?
Under Texas Penal Code § 38.03, resisting arrest is defined as:
“Intentionally preventing or obstructing a peace officer from effecting an arrest, search, or transportation of the actor or another by using force against the officer or another.”
Key elements of this definition:
Intentional act: The resistance must be knowing and deliberate
Use of force: Even minor physical actions (pulling away, bracing, swatting hands) can be interpreted as force
Applies even if the arrest is unlawful: You can still be charged even if you believe the arrest was unfair or baseless
Common Examples of Resisting Arrest
Even actions that seem instinctual can lead to charges:
Pulling away or stiffening your body when being handcuffed
Running or attempting to flee from an officer
Yelling and physically refusing to comply
Blocking another person’s arrest
Pushing or swatting at officers (even lightly)
Physically preventing officers from placing someone in a patrol car
You don’t have to hit or injure an officer to be charged. Any use of force that disrupts the process may qualify.
Resisting Arrest vs. Evading Arrest in Texas
These two charges are often confused but are not the same:
Charge
Focus
Example
Resisting Arrest
Using force to prevent arrest/search/transport
Pulling away or struggling with police
Evading Arrest
Fleeing from law enforcement intentionally
Running from police during a stop
Both can be charged together — and both can seriously impact your future.
Penalties for Resisting Arrest in Texas (2025)
The punishment depends on the level of force used and the circumstances surrounding the incident.
Offense Level
Circumstances
Penalty
Class A Misdemeanor
Standard resisting with physical force
Up to 1 year in jail + $4,000 fine
3rd Degree Felony
Resistance involves a deadly weapon
2–10 years in prison + up to $10,000 fine
Important: You can be charged even if you didnβt intend harm. Officers may interpret almost any physical resistance as obstruction β even passive or defensive actions.
Legal Defenses for Resisting Arrest in Texas
Each case is unique, but common defenses may include:
No Intent: You did not knowingly resist or use force
No Force Used: Actions were not forceful under legal definition
Self-Defense: Officer used excessive force, and your reaction was defensive
Mistaken Identity: You werenβt the subject of the arrest
Unlawful Arrest: While not always a defense by itself, may factor into the case
Medical or mental health condition: May explain perceived resistance
A qualified criminal defense attorney in Fort Bend County can evaluate the full context and build the strongest case possible.
What to Do If You’re Charged with Resisting Arrest
If you or someone you know has been charged, take these steps immediately:
Do not speak to police without an attorney
Document everything you remember from the incident
Collect any video evidence from body cams, bystanders, or security footage
Consult a criminal defense attorney before appearing in court
The earlier you act, the better your chances of reducing or dismissing the charge — or keeping it off your record entirely.
Get Legal Help for Resisting Arrest Charges in Fort Bend County
A charge of resisting arrest can happen in seconds — but the consequences can last for years. Don’t try to handle it alone.
Attorney Lee D. Cox has over 20 years of experience defending clients in Richmond, Sugar Land, Rosenberg, and throughout Fort Bend County. He understands how these cases are prosecuted β and how to fight back.
π Call Now for a Confidential Case Review
If you’ve been charged with resisting arrest, call 281-762-7345 to speak with Attorney Lee D. Cox. Weβll help you understand your options, protect your rights, and pursue the best possible outcome.
Criminal Defense: Drug Possession, Theft, and Probation in Texas
Texas takes a tough stance on prostitution-related offenses — and recent laws have made the penalties for solicitation of prostitution even more severe.
In fact, Texas is the first state in the nation to make solicitation a felony on the first offense. What may have once been considered a minor misdemeanor is now a life-altering charge with long-term consequences.
If you’ve been arrested for solicitation of prostitution in Fort Bend County or surrounding areas, hereβs what you need to know β and how Attorney Lee D. Cox can help.
What Is Solicitation of Prostitution in Texas?
Under Texas Penal Code § 43.021, a person commits the offense of solicitation if they:
“Knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct.”
Important:
You can be charged even if no sexual act occurred.
Intent and agreement are enough β money does not need to change hands.
Conversations or arrangements via text messages, websites, or apps may be used as evidence.
Why Is This a Felony Now?
In September 2021, Texas passed House Bill 1540, increasing the penalty for solicitation from a misdemeanor to a state jail felony β even on a first offense. The law aims to combat human trafficking by targeting demand.
Penalties for Solicitation of Prostitution in Texas (2025)
Offense
Charge Level
Penalty
First Offense
State Jail Felony
180 days – 2 years in jail, up to $10,000 fine
Prior Conviction(s)
3rd Degree Felony
2 – 10 years in prison, up to $10,000 fine
Soliciting a Minor
2nd Degree Felony or Higher
2 – 20 years (or up to life), depending on age of the minor
In addition to jail time and fines, consequences may include:
Sex offender registration (in some cases involving minors)
Permanent criminal record
Damage to career, family, and reputation
Immigration consequences (for non-citizens)
Public embarrassment due to online stings or media coverage
Common Situations That Lead to Solicitation Charges
Many clients are charged in one of the following situations:
Online stings on classified ad websites or apps
Undercover police officers posing as sex workers
Surveillance and audio recordings from hotels or public places
Text messages or chats interpreted as evidence of intent
In many cases, the person charged never actually met with or paid anyone. Intent, however, is often enough for arrest and prosecution under Texas law.
Legal Defenses to Solicitation Charges in Texas
If you’re facing solicitation charges, all is not lost. Attorney Lee D. Cox will evaluate your case for potential defenses such as:
No agreement was made
Entrapment by law enforcement
Misidentification or mistaken identity
Lack of intent to actually complete the act
Unlawful search or seizure of digital evidence or devices
Every detail matters — from how the investigation was conducted to how law enforcement handled your arrest.
What Should You Do If You’ve Been Charged?
Here’s what to do immediately if you’re facing solicitation of prostitution charges in Texas:
Do not discuss the case with anyone except your attorney
Preserve any digital evidence (texts, emails, chat logs)
Avoid posting on social media
Call an experienced criminal defense lawyer right away
Even if this is your first time in trouble, the court system won’t go easy. You need aggressive legal advocacy.
Arrested for Solicitation in Fort Bend County? Call Lee D. Cox.
Attorney Lee D. Cox has been defending Texans for over 20 years. He knows how solicitation cases are investigated and prosecuted in Richmond, Sugar Land, Rosenberg, and throughout Southeast Texas.
Whether your case involves a sting operation, online communication, or a misunderstanding, Lee will fight to protect your reputation and future.
π Take Action Today
A solicitation charge can ruin your record — and your life. Don’t face it alone. Call 281-762-7345 now for a confidential consultation with Fort Bend criminal defense attorney Lee D. Cox.
Facing charges for credit card fraud or abuse in Texas is a serious matter. These offenses are aggressively prosecuted β and even a single conviction can result in felony charges, steep fines, and long-term damage to your record.
Whether you’ve been accused of using someone else’s card without permission, altering a card, or knowingly accepting stolen payment, it’s critical to understand what you’re up against — and to speak with an experienced criminal defense attorney right away.
Attorney Lee D. Cox, based in Fort Bend County, has spent over 20 years helping clients in Richmond, Sugar Land, Rosenberg, Missouri City, and surrounding areas fight fraud charges with discretion and determination.
What Is Considered Credit Card Fraud in Texas?
Under Texas Penal Code § 32.31, credit card fraud (also called credit card abuse) occurs when a person intentionally uses, presents, or possesses a credit or debit card under unlawful circumstances, including:
Using a stolen, expired, or canceled card
Using a card without the cardholder’s consent
Possessing cards with the intent to use them fraudulently
Selling, buying, or transferring cards for illegal use
Forgery or alteration of cards or card data
Using card skimmers or cloned cards to make purchases
Providing false information to obtain a card
Even attempting to use a card without actual financial loss can lead to charges.
Examples of Situations That Can Lead to Charges
You don’t have to be part of a large operation to be charged. Many everyday situations can result in an arrest, including:
Paying for items using a family member’s card without permission
Finding and using a lost or discarded card
“Testing” a stolen card with a small transaction
Using a friend’s card believing you had consent β but later they claim otherwise
Accepting a card as payment knowing it was likely stolen or fake
Charges often stem from simple misunderstandings, but prosecutors treat them as deliberate fraud.
Penalties for Credit Card Fraud in Texas
In Texas, most credit card fraud charges are felonies. The severity depends on the circumstances and who the alleged victim is.
Type of Offense
Level
Penalty
Basic Credit Card Abuse
State Jail Felony
180 days – 2 years jail, up to $10,000 fine
Fraud Involving Elderly Victim (65+)
3rd Degree Felony
2 – 10 years prison, up to $10,000 fine
Large-Scale Operations or Repeat Offenses
2nd or 1st Degree Felony
2 – 99 years, depending on scope and losses
Additional consequences include:
Permanent criminal record
Difficulty obtaining employment or housing
Possible federal charges if the fraud crosses state lines or involves the mail or internet
Immigration consequences for non-citizens
How Prosecutors Build Credit Card Fraud Cases
District attorneys in Texas rely on a range of evidence to prosecute credit card fraud, such as:
Surveillance video from stores or ATMs
Transaction records and timestamps
Device data (phones, computers used for online purchases)
Statements from the cardholder or bank
Testimony from witnesses, including cashiers or store clerks
Social media posts or messages referencing the fraud
Many cases involve multiple charges stacked together to increase pressure for a plea deal. Thatβs why your first move should be calling a local criminal defense attorney who knows the system.
Legal Defenses to Credit Card Fraud in Texas
Every case is unique — and a skilled defense can make the difference between prison and freedom. Common legal defenses may include:
Lack of intent to defraud
Mistaken identity (e.g., wrong person caught on camera)
Consent from the cardholder that was later revoked
Lack of knowledge that the card was stolen or unauthorized
Improper police procedure or illegal search/seizure of evidence
Entrapment in cases involving sting operations or online setups
Charged with Credit Card Abuse in Fort Bend County? Call Lee D. Cox.
Lee D. Cox has represented individuals accused of financial and cyber-related crimes across Fort Bend County, including Richmond, Sugar Land, Missouri City, and Houston. Whether youβre a first-time offender or facing felony charges, you deserve an aggressive defense.
Lee brings a calm, experienced voice to a stressful process β and will fight to protect your rights, your future, and your reputation.
π Free Consultation Today
Charged with credit card fraud or abuse in Texas? Contact Attorney Lee D. Cox at 281-762-7345 today for a confidential case review and the honest legal guidance you need.
Understanding Drug Possession Laws in Texas (Updated for 2025)
Updated for 2025: Texas drug possession laws remain some of the strictest in the country. Whether youβre facing charges or trying to stay informed, itβs crucial to understand how these laws are classified, prosecuted, and defended β especially in Fort Bend County and surrounding areas.
This updated guide will walk you through the Texas drug possession laws for 2025, including penalty categories, recent changes, and your legal options.
How Texas Classifies Controlled Substances
Texas uses a schedule-based system to categorize drugs based on abuse potential and medical value. This classification has a direct impact on criminal penalties.
Schedule I
High abuse risk, no accepted medical use
Examples: Heroin, LSD, Ecstasy
Penalties: Among the most severe in Texas
Schedule II
High potential for abuse, but with restricted medical use
Examples: Cocaine, Fentanyl, Oxycodone
Penalties: Severe and often enhanced if not prescribed
The state of Texas made several significant updates in 2023 that remain fully in effect in 2025:
Brorphine & Eutylone added to Schedule I
Amineptine, Methiopropamine, Mesocarb, Zipeprol included in Schedule I (May 2023)
Ganaxolone added to Schedule V
Fenfluramine removed from Schedule IV
These updates continue to impact how drug possession penalties in Texas are applied and defended in court.
What Counts as Drug Possession in Texas?
Under the Texas Controlled Substances Act, possession means having “actual care, custody, control, or management” of an illegal drug. There are two primary types:
Actual Possession: Substance is on your person (e.g., pocket, bag)
Constructive Possession: You control the space where the substance is found (e.g., car, house)
Other key factors:
Quantity: Larger amounts could trigger intent-to-distribute charges
Type of drug: Penalties depend on the classification
Texas breaks substances into Penalty Groups under the Texas Health and Safety Code, Chapter 481.
Penalty Group 1
Opiates, cocaine, methamphetamine
Penalties: Up to 99 years in prison and $10,000 in fines
Penalty Group 1-A
LSD and its analogs
Penalties based on unit dosage
Penalty Group 2
Ecstasy, PCP, amphetamines
Severe penalties with increasing weight
Penalty Group 3
Xanax, Ritalin, anabolic steroids
Typically misdemeanor or state jail felony
Penalty Group 4
Prescription narcotics mixed with non-narcotic substances
Least severe penalties, but still criminal
If you’re unsure which group applies to your case, a Fort Bend drug possession attorney can clarify the legal implications and build your defense.
How a Drug Possession Charge Affects Your Life
Even a first-time charge can have lasting consequences:
Criminal Record: Visible in background checks
Employment Loss: Difficult to get hired, especially in sensitive roles
Education: Loss of financial aid, scholarships, or school expulsion
Housing: Landlords may deny applications
Social Impact: Strained relationships and community standing
Probation/Parole: Strict compliance, drug testing, court appearances
Legal Defenses to Drug Possession Charges in Texas
Defense strategies vary based on circumstances. A criminal defense lawyer in Richmond, TX can evaluate your case and pursue the most effective legal route. Common defenses include:
Lack of Possession: Drugs werenβt yours
No Knowledge or Intent: You didnβt know the drugs were there
Illegal Search or Seizure: Fourth Amendment violation
Lab Mistakes: Mishandled drug tests or chain of custody issues
Medical Necessity: Legal basis for possession
Insufficient Quantity: Not enough to charge
Mistaken Identity: Wrong person accused
Work with a Fort Bend Criminal Defense Attorney
Texas drug laws are tough — especially in Fort Bend County, Harris County, and surrounding jurisdictions. You need someone who understands Texas drug possession laws in 2025 and has the courtroom experience to fight for your future.
Attorney Lee D. Cox provides strategic defense and trusted guidance for clients facing drug charges. He serves Richmond, Sugar Land, Rosenberg, and nearby communities, with a reputation for honest counsel and effective legal strategies.
Ready to Fight Your Drug Possession Charge?
If you’ve been charged with drug possession, don’t face it alone. Call Lee D. Cox, Criminal Defense Attorney, today to schedule your confidential consultation. Protect your rights, your future, and your freedom.
How to Get Theft Charges Dropped in Texas (2025 Update)
Being charged with theft in Texas — whether a minor shoplifting offense or a felony-level allegation — can impact your life far beyond the courtroom. It can affect your job, your housing options, and even your personal relationships.
But if you’ve been falsely accused, or if there are legal weaknesses in your case, you may have a pathway to get your theft charges dropped or reduced. The key is understanding how Texas theft laws work — and working with an experienced criminal defense lawyer.
In this 2025 guide, we’ll walk you through how theft is defined in Texas, what penalties you might face, and how to improve your chances of getting the charges dismissed.
Understanding Theft Charges in Texas
Under the Texas Penal Code, theft is defined as the unlawful appropriation of property with intent to deprive the rightful owner of it. Itβs distinct from other property crimes like:
Robbery β Theft combined with physical harm or threat
Burglary β Theft involving unlawful entry, often with intent to commit another felony
In cases involving robbery or burglary, the theft is bundled with more serious charges — and the penalties increase substantially.
Categories of Theft Charges and Penalties
Texas classifies theft charges by the value of the stolen property. Hereβs how it breaks down:
Charge
Value of Property
Penalties
Class C Misdemeanor
Less than $100
Fine up to $500
Class B Misdemeanor
$100 to $750
Up to 180 days in jail, $2,000 fine
Class A Misdemeanor
$750 to $2,500
Up to 1 year in jail, $4,000 fine
State Jail Felony
$2,500 to $30,000
180 days–2 years in state jail, $10,000 fine
Third-Degree Felony
$30,000 to $150,000
2–10 years in prison, $10,000 fine
Second-Degree Felony
$150,000 to $300,000
2–20 years in prison, $10,000 fine
First-Degree Felony
Over $300,000
5–99 years in prison, $10,000 fine
Note: Penalties increase based on prior convictions or if the theft involved a firearm, elderly victim, or items like controlled substances or livestock.
Grounds for Getting Theft Charges Dropped in Texas
While not every case qualifies for dismissal, here are common reasons why theft charges in Texas may be dropped:
1. Lack of Evidence
The prosecution must prove guilt beyond a reasonable doubt. Without solid evidence:
Surveillance may be inconclusive
Eyewitnesses might be unreliable
Physical evidence may be missing
2. Mistaken Identity
You may have been misidentified by:
A witness under stress
Video footage that lacks clarity
Evidence like fingerprints that is circumstantial
3. Rights Violations
If law enforcement violates your constitutional rights, the case may be dismissed:
Illegal search/seizure without a warrant
Failure to read Miranda rights
Unreasonable delays violating your right to a speedy trial
4. Return of Property
Although returning the property doesn’t guarantee charges will be dropped, it may help:
Shows good faith or remorse
Can be used as part of a negotiation for reduced sentencing
How to Improve Your Chances of Getting Charges Dismissed
Here’s what you can do right now to strengthen your defense:
Preserve All Relevant Evidence
Obtain security footage that may show you weren’t involved
Keep receipts, text messages, or any documentation proving your whereabouts
Secure statements from alibi witnesses
Avoid Self-Incrimination
Don’t speak to police without your lawyer
Don’t share case details on social media
Politely invoke your right to remain silent
Hire an Experienced Theft Defense Attorney in Fort Bend
Your attorney can evaluate the strength of the state’s case
They may negotiate for dismissal, deferred adjudication, or reduced charges
Local attorneys understand county-specific strategies (e.g., in Richmond or Sugar Land)
Working with a skilled criminal defense lawyer in Fort Bend County ensures youβre not facing this process alone.
What Makes Theft Charges More Serious in Texas?
Besides the value of the property, several factors can escalate theft to a felony:
The theft involved a firearm
The victim was elderly or disabled
The item stolen was a controlled substance
You have a prior theft conviction
These aggravating circumstances often make it harder to get charges dropped — but not impossible with the right legal strategy.
Drop Your Theft Charges with Lee D. Cox, Criminal Defense Attorney
When your freedom, your job, and your future are on the line, you need more than hope — you need help. Attorney Lee D. Cox has years of experience handling theft cases in Fort Bend County and surrounding areas.
Whether your charges are based in Richmond, Rosenberg, Sugar Land, or beyond, Lee can work to get your charges reduced or dismissed altogether.
π Don’t Wait. Call Today.
If you’re ready to fight back against theft charges in Texas, contact Attorney Lee D. Cox today for a confidential consultation. Your best defense starts with the right legal guidance.
How Long Is Jail Time for Probation Violation in Texas? (2025 Guide)
Probation can offer a second chance — a way to avoid jail while proving your commitment to following the law. But in Texas, violating probation can quickly turn that second chance into serious jail time.
Penalties for probation violations vary widely. You might get a warning, or you could end up serving the full term of your original sentence behind bars. The consequences depend on factors like the original offense, the nature of the violation, and your prior record.
In this 2025 guide, we’ll explain how probation works in Texas, what counts as a violation, how jail time is determined, and what you can do to protect yourself if you’re facing a probation violation.
What Counts as a Probation Violation in Texas?
A probation violation happens when someone breaks the conditions of their probation — a court-ordered period of supervision instead of serving time in jail or prison.
These conditions vary case by case, but they typically include:
Avoiding new criminal activity
Submitting to drug/alcohol testing
Meeting regularly with your probation officer
Maintaining employment
Not leaving the county without permission
Paying fines, fees, or restitution
Completing community service
Attending court-ordered programs
Avoiding contact with victims or co-defendants
Common Ways People Violate Probation in Texas
Probation violations can be offense-based or technical (non-criminal). Common examples include:
Offense-Based Violations
Committing a new crime
Possession of firearms
Associating with known criminals
Direct/Technical Violations
Missing scheduled meetings
Failing drug or alcohol tests
Traveling without permission
Not completing required classes
Missing curfews
Failing to pay court-ordered fines or restitution
Living in an unapproved location
Contacting someone under a no-contact order
Even minor violations — especially if repeated — can result in severe penalties. That’s why it’s essential to understand your rights and seek legal help immediately.
What Are the Penalties for Probation Violation in Texas?
So how long is jail time for probation violation in Texas? The answer: it depends.
Texas judges have wide discretion, but jail time cannot exceed the sentence for the original offense. Penalties range from leniency to full incarceration:
Minor Penalties
Warning or reprimand from your probation officer
Stricter terms added (e.g., more drug tests or curfews)
Reassignment to counseling or rehab
Extra community service hours
Moderate Penalties
Fines or added restitution payments
Short-term jail time (days or weeks)
Extension of probation period
Severe Penalties
Probation revocation and imprisonment
Incarceration for the full term of the original offense
Detention with bond until a probation revocation hearing
What Determines Jail Time for a Probation Violation?
Several factors influence how much jail time you may face:
1. The Original Offense
Violating probation on a felony (e.g., aggravated assault) may result in longer jail time than for a misdemeanor.
2. Severity of the Violation
Missing one meeting is different from committing a new crime or failing multiple drug tests.
3. Prior Violations
Repeat offenders typically face tougher consequences.
4. Time Served Successfully
Judges may show leniency if you’ve been compliant for most of your probation period.
5. Legal Representation
Your attorney’s ability to present mitigating factors can significantly influence the outcome of your case.
Your Legal Rights in a Probation Violation Case
If you’re accused of violating probation in Texas, you have the right to:
A revocation hearing
Legal representation (court-appointed if you cannot afford one)
Challenge the evidence presented by the prosecution
Present your own defense, including proof of compliance, medical emergencies, or technical errors
Legal Defenses for Probation Violations
Here are some common defenses a skilled probation violation attorney in Fort Bend County may use:
False positive drug test or improper testing procedures
Medical emergency or family crisis causing a missed appointment
Clerical or technical error (e.g., court didnβt record your completed community service)
Unlawful search or seizure leading to new charges
Mistaken identity in alleged new offense
The burden of proof in a revocation hearing is lower than in a criminal trial, so having an experienced attorney is crucial.
Can I End My Probation Early?
In some cases, yes. Texas law allows early termination of probation if certain conditions are met:
You’ve completed at least one-third of your probation (or two years, whichever is shorter)
You’ve paid all fines, court costs, and restitution
You’ve completed court-ordered classes or treatment programs
You have no significant violations on record
A lawyer can file a motion for early termination and present your record for judicial review.
What About Deferred Adjudication?
Deferred adjudication is a form of probation where you plead guilty but avoid conviction if you meet all conditions.
Benefits include:
No formal conviction if completed successfully
Record may be sealed (with a lawyerβs help) after completion
Often available to first-time offenders
If you violate deferred adjudication terms, the court may enter a conviction and sentence you to jail or prison. Legal representation is essential at every stage.
Get Legal Help for a Probation Violation in Texas
If you’re facing a probation violation or exploring early termination or deferred adjudication, don’t navigate the system alone.
Attorney Lee D. Cox provides experienced legal defense for probation and probation violation cases across Fort Bend County β including Richmond, Rosenberg, Sugar Land, Missouri City, and surrounding areas.
π Take the First Step Today
Call Lee D. Cox, Criminal Defense Attorney, at 281-762-7345 or contact us online to schedule a confidential consultation. Whether youβre facing a technical violation or want to end your probation early, weβre here to protect your future.
20+ Years of Experience in Criminal Defense
I began my career with the District Attorney’s office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.
Is Marijuana Legal in Texas in 2025? What You Need to Know
As more states move toward full marijuana legalization, Texans are asking a crucial question in 2025: Is marijuana legal in Texas?
The short answer: Recreational marijuana is still illegal in Texas. While some forms of medical marijuana are allowed under tightly regulated conditions, most cannabis products containing more than 0.3% THC remain prohibited.
In this updated guide, we’ll break down current marijuana laws in Texas, recent legislative changes, the penalties for possession, and what you can do if you’re facing a marijuana-related charge in Fort Bend County or surrounding areas.
What Is Considered Marijuana Possession in Texas?
Under Texas law, possession of marijuana means knowingly or intentionally having a usable quantity of cannabis β even a small amount β on your person or property.
Texas classifies marijuana as a Schedule I substance, mirroring federal law. While the state has made limited exceptions for medical use, most forms of cannabis with psychoactive THC content are illegal outside those exceptions.
You can be charged with possession for:
Flower (plant material)
Cannabis oil or concentrates
Edibles
Vape cartridges containing THC
Any amount of Delta-9 THC exceeding 0.3%
The Difference Between CBD, Hemp, Medical Marijuana & Recreational Marijuana in Texas
Understanding the legal definitions is key to knowing what’s legal — and what can still get you arrested:
Product
THC Threshold
Legal Status in Texas
Hemp
≤ 0.3% Delta-9
Legal for cultivation, sale, and use
CBD (from hemp)
≤ 0.3% Delta-9
Legal when derived from hemp
Delta-8 THC
≤ 0.3% Delta-9
Legal in some counties; gray area legally but generally tolerated
Medical Marijuana
0.3–1.0% Delta-9
Legal only with prescription under the Texas Compassionate Use Program
Recreational Marijuana
> 1.0% Delta-9
Still illegal for any purpose in Texas
Even if you believe you’re within a legal threshold, a lab test or misunderstanding can lead to arrest and prosecution. When in doubt, consult a criminal defense attorney.
Penalties for Marijuana Possession in Texas (2025)
Possession of marijuana — even in small amounts — carries criminal penalties unless you qualify under a medical exemption.
Charge Level
Amount Possessed
Penalty
Class B Misdemeanor
Less than 2 oz
Up to 180 days in jail + $2,000 fine
Class A Misdemeanor
2–4 oz
Up to 1 year in jail + $4,000 fine
State Jail Felony
4 oz – 5 lbs
Up to 2 years in jail + $10,000 fine
3rd Degree Felony
5–50 lbs
Up to 10 years in prison + $10,000 fine
2nd Degree Felony
50–2,000 lbs
Up to 20 years in prison + $10,000 fine
1st Degree Felony
Over 2,000 lbs
Life in prison + up to $50,000 fine
Possession with intent to distribute, growing marijuana, or possessing concentrated THC products (like wax, oils, or edibles) can result in felony charges, even in smaller amounts.
Can First-Time Offenders Avoid Jail Time?
Yes, especially if you have no prior criminal record. In Fort Bend County and nearby jurisdictions, options may include:
Pretrial diversion programs
Drug treatment programs
Deferred adjudication
Probation instead of jail time
An experienced criminal defense attorney can advocate for these alternatives and work to keep your record clean.
Timeline of Recent Marijuana Law Changes in Texas
Texas has been slow to embrace cannabis reform, but progress has been made:
2015: Compassionate Use Act allows low-THC cannabis for epilepsy patients
2019: HB 1325 legalizes hemp and CBD with less than 0.3% Delta-9 THC
2021: HB 1535 expands medical marijuana to include PTSD and cancer patients; raises THC cap to 1.0%
Still, marijuana remains illegal for recreational use in all Texas counties — including Fort Bend, Harris, and Brazoria.
Is Legalization Coming to Texas?
While full legalization hasn’t yet occurred, the political and cultural climate is shifting:
Public support is growing β recent polls show a majority of Texans support legalization
Neighboring states like New Mexico and Oklahoma allow cannabis sales
Federal legalization efforts may push Texas to reconsider its position
For now, however, marijuana possession remains a criminal offense in Texas β and charges can carry life-altering consequences.
Do You Need a Lawyer for a Marijuana Charge in Texas?
Yes. Even small possession cases can damage your record, cost you your job, or affect child custody and housing.
Attorney Lee D. Cox has more than 20 years of experience defending drug cases in Fort Bend County, Richmond, Sugar Land, and throughout Southeast Texas. He can:
Fight to get charges dismissed or reduced
Help first-time offenders avoid jail
Explore expunction or record sealing if eligible
π Charged with Marijuana Possession? Call Now.
If you’ve been charged with marijuana possession in Texas, don’t take chances. ContactAttorney Lee D. Cox for a confidential consultation today.
Call 281-762-7345 to speak with a Fort Bend criminal defense attorney who knows how to fight cannabis charges β and win.
20+ Years of Experience in Criminal Defense
I began my career with the District Attorney’s office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.
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Frequently Asked Questions
How do defense attorneys handle THC concentrate cases?
Defense attorneys handle THC concentrate cases by rigorously analyzing the evidence, exploring legal defenses, and advocating for their clients' rights in court. They aim to reduce charges, negotiate plea deals, or seek case dismissals based on legal technicalities.
What are Schedule 5 drugs in the Controlled Substances Act?
Schedule 5 drugs in the Controlled Substances Act are substances that have a low potential for abuse relative to drugs in higher schedules and are generally used for medical purposes, such as medications containing small amounts of narcotics or other controlled substances.
Are Schedule 5 drugs considered prescription only?
Schedule 5 drugs are generally considered prescription only. While they have a lower potential for abuse compared to higher schedule drugs, a prescription is typically required to obtain them legally.
Is THC concentrate possession a misdemeanor in Houston?
Possession of THC concentrates in Houston is typically classified as a misdemeanor if the amount is less than 4 grams. However, if the quantity exceeds this limit, it may lead to felony charges under Texas law.
What is the definition of a Schedule 5 drug?
The definition of a Schedule 5 drug is a substance that has a low potential for abuse relative to Schedule 4 drugs and is typically used for medical purposes, such as treating certain medical conditions.
What is the penalty for THC concentrate possession in Houston?
The penalty for THC concentrate possession in Houston can vary based on the amount in possession. Generally, possession of less than 4 ounces is classified as a state jail felony, resulting in potential penalties of 180 days to 2 years in jail and fines up to $10,000.
Can I get THC concentrate possession charges expunged?
THC concentrate possession charges may be eligible for expungement, depending on the specifics of your case and the laws in Texas. Consulting with an experienced attorney can help determine your eligibility and guide you through the expungement process.
How can a lawyer help with drug possession charges in Harris County?
A lawyer can assist with drug possession charges in Harris County by providing expert legal representation, navigating the complexities of local laws, and advocating for your rights, potentially mitigating penalties or securing favorable outcomes in your case.
Can a lawyer reduce possession charges to a misdemeanor in Harris County?
A lawyer can potentially reduce possession charges to a misdemeanor in Harris County by negotiating plea deals, demonstrating mitigating circumstances, or arguing to dismiss charges based on legal technicalities or previous clean records.
Can I get a felony charge for THC concentrate possession?
Possessing THC concentrate can lead to felony charges in Texas. The severity of the charge depends on the amount in possession and other factors surrounding the case. Legal advice is crucial in navigating these complexities.
Do I need a lawyer for THC concentrate possession charges?
Having a lawyer for THC concentrate possession charges is essential. An experienced attorney can navigate the complexities of Texas law, protect your rights, and help mitigate potential penalties or legal repercussions you may face.
What are the consequences of THC concentrate possession charges?
The consequences of THC concentrate possession charges can include severe penalties such as fines, jail time, and a criminal record, which may impact future employment and legal opportunities. It's crucial to seek experienced legal representation to navigate these complex issues.
How do I find a good THC concentrate possession defense attorney?
Finding a good THC concentrate possession defense attorney involves researching local attorneys with expertise in cannabis law, checking their reviews, and ensuring they have experience handling similar cases. Schedule consultations to assess their approach and fit for your needs.
Can I get arrested for possessing THC concentrates in Houston?
Possessing THC concentrates in Houston can lead to arrest, as they are classified as illegal substances under Texas law. It is important to understand the potential legal consequences of possessing these items.
How does Harris County define possession of a controlled substance?
Harris County defines possession of a controlled substance as having actual care, custody, or control of a prohibited drug, regardless of whether the substance is in a person's physical possession or within their immediate control.
What are the penalties for possession of a controlled substance in Harris County?
The penalties for possession of a controlled substance in Harris County vary based on the substance and quantity involved. Offenses can range from misdemeanor charges with fines and probation to felony charges, resulting in significant jail time and heavy fines.
What defenses exist for THC concentrate charges?
Defenses for THC concentrate charges include challenging the legality of the search and seizure, questioning the accuracy of lab tests, and demonstrating a lack of intent to distribute or knowledge of the substance's nature.
How are THC cases resolved in court?
THC cases are resolved in court through various legal proceedings, which may include arraignments, plea negotiations, and trials. The outcome depends on factors such as the specifics of the case, evidence, and the defendant's legal strategy.
What constitutes possession of THC concentrates?
Possession of THC concentrates refers to having control or physical custody of products containing tetrahydrocannabinol (THC) in concentrated forms, such as oils, waxes, or edibles, regardless of the quantity.
Can THC concentrate charges lead to imprisonment?
THC concentrate charges can indeed lead to imprisonment. Depending on the amount and circumstances, such charges may result in severe penalties, including jail time. It's important to seek legal counsel to navigate these complex issues effectively.
What evidence is needed in THC possession cases?
The evidence needed in THC possession cases typically includes physical possession of the substance, chemical testing results, witness testimonies, and law enforcement documentation detailing the seizure and circumstances surrounding the arrest.
Are there treatment options for drug possession offenses?
Treatment options for drug possession offenses include rehabilitation programs, counseling, and drug education courses, which can often result in reduced penalties or alternative sentencing for those struggling with addiction.
How does possession affect future employment opportunities?
Possession charges can negatively impact future employment opportunities. Employers often conduct background checks, and a criminal record may limit job prospects, particularly in fields requiring trust, responsibility, or security clearances.
What is the appeal process for drug possession convictions?
The appeal process for drug possession convictions involves filing a notice of appeal, reviewing the trial record, and submitting legal briefs to a higher court to contest the conviction or sentence based on legal errors.
What role do expert witnesses play in trials?
The role of expert witnesses in trials is to provide specialized knowledge and professional opinions that assist the court in understanding complex issues related to the case. Their testimony can significantly influence the outcome of legal proceedings.
Can first-time offenders receive leniency for drug charges?
First-time offenders can receive leniency for drug charges in Texas, often through diversion programs or reduced sentences, depending on the circumstances of the case and the discretion of the court. Legal representation is crucial for navigating these options.
What rights do individuals have during possession arrests?
Individuals have specific rights during possession arrests, including the right to remain silent, the right to know the charges against them, and the right to legal representation. It's crucial to assert these rights to ensure proper legal protection.
Do laws vary in different Texas counties?
Laws do vary in different Texas counties. Each county may have specific regulations and practices, especially regarding criminal offenses, which can affect how laws are enforced and interpreted.
How can plea bargains impact drug possession cases?
Plea bargains can significantly impact drug possession cases by allowing defendants to reduce charges or penalties in exchange for a guilty plea. This can lead to lesser sentences, probation, or rehabilitation programs instead of harsher penalties.
What are common defenses against Schedule 5 drug charges?
Common defenses against Schedule 5 drug charges include challenging the legality of the search and seizure that led to the discovery of the drugs, questioning the chain of custody of the evidence, and arguing lack of knowledge or intent regarding the possession of the substance.
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Comprehensive Criminal Defense in Fort Bend County
Lee D. Cox offers a full range of criminal defense services for individuals facing various charges in Fort Bend County. With a deep understanding of local laws and extensive courtroom experience, he is committed to providing personalized legal representation to each client. Whether it's DWI, drug possession, theft, or probation violations, Lee ensures that clients are well-informed of their rights and options throughout the legal process.
His approach focuses on building strong defenses tailored to the unique circumstances of each case. By analyzing evidence, negotiating with prosecutors, and leveraging his knowledge of Texas law, Lee aims to achieve the best possible outcomes for his clients. This dedication to client advocacy sets him apart as a trusted attorney in the community.
Understanding Your Rights When Charged with a Crime
When facing criminal charges, it's crucial to understand your rights under Texas law. Individuals have the right to remain silent and the right to legal representation during questioning. Knowing these rights can significantly impact the outcome of a case, as anything said during an arrest can be used against you in court.
Additionally, defendants have the right to a fair trial and the presumption of innocence until proven guilty. Understanding these rights empowers individuals to make informed decisions about their legal strategy, and having an experienced attorney like Lee D. Cox can help navigate the complexities of the legal system effectively.
The Importance of Hiring a Local Criminal Defense Attorney
Hiring a local criminal defense attorney is essential for anyone facing charges in Fort Bend County. Local attorneys have a nuanced understanding of the regional legal landscape, including relationships with local prosecutors and judges, which can be beneficial in negotiations and trial settings.
Lee D. Cox, with over 20 years of experience in Fort Bend County, brings a wealth of knowledge about the local court system. His familiarity with the intricacies of local laws and procedures allows him to craft effective defense strategies tailored to the specific circumstances of each case, increasing the chances of a favorable outcome.
What to Expect During the Criminal Defense Process
The criminal defense process can be daunting, but knowing what to expect can alleviate some of the stress. After an arrest, the first step typically involves an arraignment where charges are formally presented. Following this, there may be pre-trial hearings, negotiations for plea deals, and ultimately, a trial if a resolution is not reached.
Throughout this process, having a knowledgeable attorney by your side is invaluable. Lee D. Cox will guide you through each stage, ensuring you understand your options and rights. His proactive approach helps to build a strong defense, aiming to protect your future and achieve the best possible results.
