Possession of Marijuana in Texas is classified, at the minimum, as a Class B Misdemeanor for quantities up to 2 oz.. Higher quantities of marijuana result in higher crime classifications and penalties. Courts, and law enforcement, in North Texas take differing approaches to marijuana cases. A conviction for any drug offense may reach other areas of your life, including federal student aid.
My approach to possession of marijuana cases starts with looking at the reason my client had contact with law enforcement. Then I turn to the circumstances surrounding the police officer finding drugs. Depending on the evidence, I may file a motion to suppress the evidence, which usually will lead to a dismissal if it is successful. If the encounter and seizure of the contraband is legal, I explore other potential areas to suppress the evidence.
In cases where there appears to be no legal defense, I meet with my clients to discuss their goals and an honest discussion of their lifestyle. Options may include a pre-trial diversion program, a deferred plea agreement with probation, or serving jail time. If you are able and willing to discontinue use of recreational drugs, there are more options available to resolve your case. During this part of my representation, it is important to have a frank conversation about my clients recreational drug use because continued violations of probation can result in increased fines & fees, as well as jail time.
Pretrial diversion programs require a pretrial agreement between my client and the State. My client must agree to a period of State supervision. During this time, you may be required to complete community service, complete classes, and pay restitution(if applicable). The typical fee to enter the diversion program is approximately $550. If you successfully complete the program, the State will dismiss the charges and you can apply to have your criminal records expunged (or erased).
If Pretrial Diversion is not an option, a deferred plea to a Class C charge may be. Under this plea agreement, you will enter a plea of guilty to the offense. However, the court will not find you guilty at that time and instead sentence you to a probationary period. If you complete this probationary period, you may be eligible to have the case "Non-Disclosed" from your record. It is important to remember that you are prohibited from using any illegal substances during your time on probation. Although it may be legal to smoke or ingest marijuana in Colorado, if you are on probation in Texas, a positive urinalysis will be considered a violation of probation.
If you are in need of treatment, I will work with you to find a program that fits your lifestyle.
My goal is always to find a successful outcome for all of my clients – which is determined by building a strong relationship throughout my representation. If you or someone you know is facing a possession of marijuana charge, call me today!