Facing a marijuana possession charge in Texas can be a deeply unsettling experience. You may be feeling confused, anxious, or worried about what comes next. After all, having a criminal charge on your record can affect many aspects of your life, including employment, personal relationships, and your reputation in the community. If you’re reading this, you’re likely looking for guidance on how to navigate the legal process and fight your charges. At our firm, we understand the stress you’re under, and we’re here to help you make sense of your situation and take the steps necessary to defend your rights.
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Understanding Marijuana Possession Charges in Texas
In Texas, marijuana possession is a criminal offense that can lead to serious consequences. The state law considers marijuana possession a crime, and depending on the amount of marijuana found in your possession, the severity of the charge can vary significantly. It is important to understand that even small amounts of marijuana can lead to criminal charges, and the penalties may range from fines to jail time.
Texas law divides marijuana possession charges into different categories based on the weight of the marijuana involved. Possessing up to two ounces of marijuana is classified as a misdemeanor offense. If you are found with more than two ounces, but less than four ounces, the charge becomes a felony, which carries more serious consequences, including longer potential jail sentences. The consequences of marijuana possession can be life-altering, which is why it’s crucial to have a clear understanding of your rights and options.
What to Do If You Are Arrested for Marijuana Possession in Texas
If you’ve been arrested for marijuana possession, it’s essential that you remain calm and follow the steps outlined by law enforcement. First and foremost, do not resist arrest or make any statements to the police without consulting with a lawyer. You have the right to remain silent, and anything you say can be used against you in court.
The arrest process will typically involve being booked, where personal information and fingerprints are taken. You may be granted the opportunity to post bail, which will allow you to be released until your trial date. This is a critical point in the process where you should contact an attorney as soon as possible. Having an experienced lawyer on your side early can help ensure that your case is handled appropriately and that your rights are protected throughout the legal proceedings.
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The Legal Process After an Arrest
Once you’ve been arrested, the legal process begins with your first court appearance, often referred to as an arraignment. At this hearing, you will be formally informed of the charges against you. You will then enter a plea of guilty, not guilty, or no contest. It is highly advised that you do not plead guilty without speaking with an attorney, as doing so could result in penalties that affect your future.
If you plead not guilty, the next step will be a pre-trial conference or hearing. During this stage, your attorney will examine the evidence against you, assess whether any legal procedures were violated, and determine if there is a basis for your defense. Depending on the circumstances of your case, your lawyer may file motions to dismiss the case or suppress certain evidence. In some instances, your attorney may also negotiate a plea deal with the prosecution to reduce the charges or penalties you face.
Common Defenses Against Marijuana Possession Charges
When it comes to fighting a marijuana possession charge, there are a variety of legal defenses that may apply to your case. Your attorney will carefully examine the facts of your case to determine the best course of action. Here are some of the most common defenses used in marijuana possession cases:
Unlawful Search and Seizure
If the police did not have a valid reason or probable cause to search your vehicle or home, the evidence they gathered may be inadmissible in court. If your rights were violated during the arrest or search, your lawyer may file a motion to suppress the evidence obtained.
Lack of Knowledge
In some cases, individuals may be unaware that they are in possession of marijuana. For example, if marijuana was found in a vehicle that you were not driving or in a bag that you didn’t own, your lawyer may argue that you had no knowledge of the illegal substance.
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Improper Identification of Marijuana
Sometimes, law enforcement may mistakenly identify a substance as marijuana when it is actually something else. If the substance was not marijuana or was improperly tested, your lawyer may challenge the prosecution’s case.
Medical Marijuana Defense
While marijuana is illegal in Texas for recreational use, there are some exceptions for medical use. If you are a qualifying patient under Texas’ medical marijuana program, your attorney may be able to present this as a defense.
Penalties for Marijuana Possession in Texas
The penalties for marijuana possession in Texas can be severe and depend on the amount of marijuana you were caught with. If you are found with less than two ounces, you are likely to face misdemeanor charges, which may carry a penalty of up to 180 days in county jail and a fine of up to $2,000. If you are caught with between two and four ounces, the charge can escalate to a felony, which may lead to a penalty of 2 to 10 years in prison and fines up to $10,000.
Possession of larger amounts of marijuana results in even more severe penalties. For example, if you are caught with 50 pounds or more of marijuana, you may face a felony charge that could result in 5 to 99 years of imprisonment. With these potential consequences, it is crucial that you have a legal team on your side to help mitigate the charges and protect your future.
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What to Expect in Court
The courtroom can be an intimidating place, especially if you have never been through the legal process before. However, it’s important to remember that you are innocent until proven guilty. Your attorney will present your case, argue any defenses that may apply, and challenge the prosecution’s evidence. The burden of proof lies with the prosecution, and if they fail to meet that burden, the charges against you may be dropped or reduced.
In some cases, the defense may work out a plea agreement with the prosecution. This could involve a reduction in charges or penalties in exchange for a guilty plea. However, you should always consult with your lawyer before agreeing to any plea deals, as they can have long-lasting consequences.
Why You Should Seek Legal Help
Fighting a marijuana possession charge in Texas is not something you should attempt alone. The legal system can be complex, and having an experienced attorney by your side is critical in ensuring that your rights are protected. A skilled attorney will help you navigate the legal process, explore every possible defense, and work to achieve the best possible outcome for your case.
At Zendeh Del & Associates PLLC, we understand how overwhelming this situation can be. Our team is committed to providing you with compassionate and knowledgeable legal representation throughout every stage of your case. If you’re facing a marijuana possession charge in Texas, don’t wait to get help. Contact us today to schedule a consultation, and let us help you fight for the best possible outcome. Your future is too important to leave to chance.