What to Do If You’re Facing a Drug Charge

Published on 15 May 2025 at 12:49
  1. Stay Calm and Know Your Rights

At the Time of Arrest:

  • Remain calm and do not resist arrest.
  • Exercise your right to remain silent—anything you say can be used in court.
  • You have the right to an attorney; request one immediately.
  • Do not consent to searches unless a warrant is presented.

Important:

  • Do not discuss your case with anyone but your attorney.
  • Keep track of the details: time, place, and names of officers involved.
  1. Understand the Charges

Drug charges can vary widely based on:

  • Type of substance (controlled substances are categorized by schedules)
  • Amount possessed
  • Intent (personal use vs. intent to distribute)
  • Prior criminal history

Common charges include:

  • Possession
  • Possession with intent to distribute
  • Manufacturing or trafficking
  • Paraphernalia possession

Penalties range from misdemeanors to felonies, and consequences can include jail time, fines, probation, and mandatory treatment.

  1. Get Legal Representation
  • Hire a criminal defense attorney with experience in drug cases.
  • If you cannot afford an attorney, one will be appointed to you.
  • Your attorney will guide you through plea deals, diversion programs, or trial.

Ask your lawyer about:

  • First-time offender programs
  • Pre-trial diversion
  • Expungement eligibility
  • Treatment alternatives to incarceration
  1. Show the Court You're Serious About Change

Judges often consider proactive steps favorably. You can:

  • Get a substance use assessment from a licensed provider
  • Begin outpatient or inpatient treatment if appropriate
  • Attend support groups (AA, NA, SMART Recovery, etc.)
  • Start volunteering or participating in community service
  • Maintain steady employment or school enrollment
  • Stay clean and avoid new arrests

Document all efforts and bring proof to court.

  1. Understand the Legal Process

What to Expect:

  1. Arraignment – Enter a plea (guilty, not guilty, no contest)
  2. Pretrial Hearings – May include motions or plea negotiations
  3. Trial – If you plead not guilty and your case proceeds
  4. Sentencing – If convicted or after a plea deal

Follow your attorney’s advice and show up to all court dates on time.

  1. Rebuilding After a Drug Charge

A drug charge doesn’t define your future. You can:

  • Comply with probation conditions (check-ins, drug tests, curfew, etc.)
  • Complete court-ordered classes or treatment
  • Find stable housing and employment
  • Repair relationships and build a support system
  • Consider expungement or record sealing if eligible

Recovery and responsibility go hand in hand.

  1. How NexStep Can Support You

At NexStep, we provide holistic services to help you move forward:

  • Court-ordered substance use assessments
  • Outpatient counseling and recovery coaching
  • Drug education and life skills classes
  • Case management and advocacy for court
  • Documentation for probation officers and judges
  • Peer support groups and community connections

Whether it’s your first charge or part of a longer journey, we’re here to help you grow—not just get by.

  1. Additional Resources
  • SAMHSA Helpline: 1-800-662-HELP (24/7 treatment referrals)
  • Local Legal Aid for help with expungement and criminal defense
  • 211 Texas for housing, food, and employment resources
  • Recovery Apps: Sober Grid, WEconnect, Reframe

Final Words

Facing a drug charge can feel overwhelming—but it doesn’t have to define your life. With the right guidance, support, and mindset, this can be a turning point. At NexStep, we believe in second chances and walking with you every step of the way.

You have a future worth fighting for. Let’s take the next step together.