Your Trusted Advocate for Serious Drug Charges in Kerrville & the Texas Hill Country
Drug trafficking investigations demand careful strategy and a steady hand. If you or someone you care about faces federal or state drug trafficking allegations in Kerrville or the surrounding Texas Hill Country, you do not have to navigate uncertainty alone.
Because drug trafficking charges often involve high-profile investigations, the stakes can rise quickly. Local law enforcement in Kerr County frequently coordinates with state or federal agencies, which can lead to complex and highly scrutinized cases.
At The Law Office of Patrick O’Fiel, P.C., our team brings over 20 years of criminal defense experience and a commitment to guiding you through each step of the legal process with compassion, clear communication, and a genuine focus on your well-being.
Serious charges demand serious defense. Put 20 years of legal experience to work on your Texas drug trafficking case. Contact a dedicated Kerrville drug trafficking lawyer at The Law Office of Patrick O’Fiel, P.C. at (830) 331-5977 or reach out online today.
Understanding Drug Trafficking Laws in Texas
In Texas, charges related to drug sales, distribution, or manufacturing are governed primarily by the Texas Controlled Substances Act (Texas Health and Safety Code, Chapter 481). The law does not always use the specific term "trafficking." Instead, it uses terms like "Manufacture or Delivery" of a controlled substance.
The severity of the offense—and therefore the potential penalty—is determined by two primary factors:
1. The Penalty Group of the Controlled Substance
Texas law divides controlled substances into four major Penalty Groups (PG 1, 2, 3, and 4) based on their potential for abuse and accepted medical use.
Penalty Group 1 (PG 1): Includes drugs like cocaine, heroin, methamphetamine, and most opioids. These carry the harshest penalties.
Penalty Group 2 (PG 2): Includes drugs like ecstasy (MDMA) and most hallucinogens.
Penalty Group 3 (PG 3): Includes prescription drugs like Valium or Xanax, and low-THC cannabis products.
Penalty Group 4 (PG 4): Includes opioid compounds with non-narcotic ingredients.
2. The Quantity of the Controlled Substance
The quantity dictates the degree of the felony charge. For example, a charge of Manufacture or Delivery of a Penalty Group 1 Substance can range from a State Jail Felony (less than one gram) all the way up to an Enhanced First Degree Felony (over 400 grams). Our firm’s first action as your drug trafficking attorney in Kerrville is to scrutinize the State's measurement of the substance.
Our firm regularly defends clients against all major delivery/trafficking charges, which include:
Delivery of Marijuana (H&SC § 481.120)
Manufacture or Delivery of a Controlled Substance in Penalty Group 1 (H&SC § 481.112)
Possession with Intent to Deliver (H&SC § 481.112)
Trafficking in Persons for Controlled Substances (related offenses)
Penalties and Collateral Consequences of Texas Drug Trafficking Convictions
The penalties for drug trafficking in Texas are among the harshest in the nation, often resulting in decades-long prison sentences. The Law Office of Patrick O'Fiel, P.C., with its 20 years of legal experience, is committed to fighting these devastating outcomes for every client.
Direct Criminal Penalties
The felony classification for Manufacture or Delivery of a Penalty Group 1 substance can escalate quickly:
Less than 1 gram: State Jail Felony (180 days to 2 years in state jail).
1 gram to 4 grams: Second Degree Felony (2 to 20 years in prison).
4 grams to 200 grams: First Degree Felony (5 to 99 years or life in prison).
200 grams to 400 grams: Enhanced First Degree Felony (10 to 99 years or life in prison).
It's vital to note that convictions for First Degree Felonies and higher require a drug trafficking attorney in Kerrville to aggressively pursue probation or deferred adjudication, which are very difficult to obtain in serious trafficking cases.
Collateral and Long-Term Consequences
A Texas drug felony conviction follows you for the rest of your life, impacting your freedom and your opportunities:
Driver’s License Suspension: An automatic suspension of your driver’s license.
Firearm Rights: Loss of the right to own or possess a firearm.
Financial Aid and Housing: Loss of eligibility for federal student loans, grants, and public housing benefits.
Employment and Licensing: Difficulty obtaining or maintaining professional licenses and securing employment, as many employers will not hire a convicted felon.
Immigration: For non-citizens, a drug trafficking charge is considered an aggravated felony leading to mandatory deportation and permanent inadmissibility to the U.S.
Our firm's defense strategy always extends beyond the courtroom, focusing on mitigating these life-altering consequences for our clients as their Kerrville drug trafficking lawyer.
The Texas Criminal Defense Process for Drug Trafficking Charges
The process for felony drug cases in Kerrville, which is under the jurisdiction of Kerr County, involves several critical phases. An experienced drug trafficking attorney in Kerrville must be proactive at every stage.
Arrest and Magistrate Warning: Following arrest, the accused is taken before a magistrate who formally reads the charges and sets bail. Our firm works immediately to argue for a reasonable bond amount, often filing a motion for a bond reduction.
Grand Jury Indictment: In Texas, most serious drug felonies must be presented to a grand jury. Our firm monitors this process closely, and while rare, we can sometimes make a Grand Jury presentation to prevent the indictment from being issued.
Discovery and Investigation: Drug trafficking cases involve evidence from search warrants, wiretaps, confidential informants, lab analysis, and surveillance. Our firm conducts exhaustive discovery, reviewing every piece of evidence to find procedural errors, chain-of-custody breaks, or constitutional violations.
Motions to Suppress Evidence: This is a crucial defense stage. If the police performed an illegal search or seizure (e.g., an illegal traffic stop, a defective search warrant), we file a motion asking the judge to exclude the drug evidence from the trial. If the drugs are suppressed, the case often must be dismissed.
Plea Negotiation/Trial: Leveraging the weaknesses we find, our firm negotiates with the prosecutor for a reduction of the charge (e.g., from Delivery to simple Possession) or deferred adjudication. If a satisfactory plea is not reached, we are fully prepared to proceed to trial.
Our Firm's Strategic Approach to Drug Trafficking Defense
With 20 years of legal experience, The Law Office of Patrick O'Fiel, P.C. brings a refined and successful methodology to every drug trafficking case. Our firm builds every defense around a thorough analysis of the evidence and the protection of your constitutional rights.
We develop defense strategies that focus on the three potential areas of failure for the prosecution:
Violations of Constitutional Rights (The Fourth Amendment Defense)
This is often the most potent defense in a trafficking case. Our firm challenges the legality of the police conduct at every stage:
Illegal Stop: Was the initial traffic stop or detention of the vehicle justified by reasonable suspicion?
Consent to Search: Was your consent to search coerced or voluntary?
Search Warrant Challenge: Did the warrant lack probable cause, or was it improperly executed? If our firm can prove a Fourth Amendment violation, the evidence—the drugs themselves—must be excluded.
Challenging the Chemistry and Quantity
The prosecution relies heavily on laboratory reports. Our firm will:
Challenge the Lab Analysis: Questioning the credentials of the analyst, the chain of custody of the samples, and the methods used to determine the substance's chemical makeup.
Challenge the Weight: The difference of a single gram can mean the difference between a Second Degree and a First Degree felony. Our firm ensures the prosecution accurately weighed only the pure controlled substance and not the entire mixture or packaging materials.
Dismantling the Intent to Deliver
As a skilled Kerrville drug trafficking lawyer, our firm works to reframe the circumstantial evidence to rebut the element of intent:
Personal Use Defense: Arguing that the quantity, while large, was purchased for personal use or for a small group of friends, not commercial distribution.
Mere Presence: If the drugs were found in a vehicle or home with multiple people, our firm argues that the defendant was merely present and did not exercise control or knowledge over the substance.
Why Choose Our Drug Trafficking Lawyer in Kerrville
We understand how overwhelming a criminal accusation can feel. Our practice never relies on one-size-fits-all strategies. Here is what sets our drug trafficking attorney in Kerrville apart:
Personalized support and tailored defense strategies—We treat every client as an individual, taking the time to understand your circumstances and goals.
20+ years representing criminal defense clients in Texas—We draw on proven legal knowledge and deep local roots built across five generations of legal service.
Responsive, transparent communication—You will never have to wonder about your case’s status or your options. We keep you informed so you remain confident in every decision.
Access to a wide network of resources—We work with trusted professionals to provide well-rounded support for complex situations.
Commitment to client-centered guidance—We ease the stress of the legal process by taking the time to address your questions and priorities.
As a fifth-generation law firm, our tradition of personalized advocacy means you receive not only strong legal support but a genuine relationship built on trust and respect. We focus on keeping you informed, supporting your confidence through every stage, and building relationships that last well beyond your immediate need for a drug trafficking lawyer in Kerrville.
Because we limit our caseload, we can give you attentive communication and careful management—never leaving you lost in the shuffle or with unanswered questions. Our established network of professionals in relevant fields allows us to address the broad range of issues that serious drug trafficking charges can involve, from evidence challenges to strategic consultation. We treat your story as unique, tailoring every defense strategy to your specific outlook and goals.
Take the Next Step—Contact a Drug Trafficking Attorney in Kerrville Today
If you feel uncertain about your future or the legal process, take a moment to reach out to The Law Office of Patrick O’Fiel, P.C.. Your first conversation is confidential; your questions will be heard, and your circumstances will be respected. We believe every client deserves communication, support, and the assurance of having a dedicated legal ally.
Call (830) 331-5977 or reach out online to begin your path forward with a trusted drug trafficking lawyer in Kerrville by your side.
FAQs
What does a drug trafficking charge mean in Texas?
Drug trafficking involves manufacturing, delivering, or distributing controlled substances. Texas courts treat these cases as serious felonies, with heavy penalties if convicted.
Are drug trafficking penalties harsher than possession charges?
Yes. Trafficking carries longer prison sentences, larger fines, and more serious long-term consequences than most possession offenses.
How do local courts in Kerrville handle these cases?
Kerrville courts manage trafficking cases with close attention due to their severity. Proceedings may move quickly, so early legal guidance protects your interests.
What should I bring to my first attorney meeting?
Gather any paperwork related to your charges, details about your arrest, and a list of questions or concerns. Transparency from the start supports a stronger strategy for your defense.
Can I be charged with trafficking if drugs belong to someone else?
Texas law does not require ownership for a trafficking charge. If you participate or are present during distribution activities, you may still face charges, making prompt legal guidance essential.
“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”
“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”
Linda
“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”
“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”
Brenda
“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”
“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”
Dave
“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research and he's very professional”
“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research he's very professional.”