Possession of Marijuana Defense Attorney in Texas
What Is Possession of Marijuana In Texas?
Possession of Marijuana in Texas is governed by Health and Safety Code Section 481.121. A person commits the offense of Possession of Marihuana (as it is spelled in the code) if they possess any usable amount. “Usable” is not defined in the code and is an issue of fact for the judge or jury. Any amount less than two ounces is a class B misdemeanor punishable by up to 180 days in county jail. An amount greater than two ounces, but less than four ounces, is a class A misdemeanor punishable by up to a year in county jail. An amount greater than four ounces is a felony that varies in severity depending on the weight.
What Can I expect From My possession of Marijuana Arrest?
Marijuana prosecution varies wildly among counties in Texas. For example in Travis County, marijuana charges are comparatively easier to deal with than in contiguous Williamson County. Many counties are willing to reduce or dismiss the charge if the defendant takes classes or performs community service. Others are more harsh and want formal probation or jail time. A conviction for Possession of Marijuana also carries with it an automatic 180 day driver’s license suspension. If at all possible, you want to avoid taking a formal conviction for possession of Marijuana to not only protect your criminal record, but your driver’s license as well.
How Do You Defend Against Marijuana Charges?
It varies significantly from case to case how I handle Texas marijuana charges. It largely depends on the county the defendant is charged in, the circumstances surrounding the arrest and the amount of marijuana. Sometimes I can negotiate a dismissal of the charge if the client takes classes or performs community service. In other circumstances, I have to employ every legal defense at my disposal to try to keep the defendant out of jail and save his criminal record. When selecting an attorney to handle your Marijuana charge, it is important to consider whether they frequently practice in the county where your case is pending. This ensures they will be familiar with any local programs that may be employed in your defense as well traditional the legal defenses. I encourage you to call and set up a free consultation if you have a pending POM charge in Travis, Williamson, or Hays County.