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Arrested for Marijuana Possession…Now What?
FBI statistics reveal that nearly half of US drug arrests are marijuana-related. In Texas, many drug arrests are for nonviolent possession of marijuana in small amounts – usually for personal recreational use. No matter. Marijuana possession is a crime in Texas and possessing even a small amount can cause big trouble, including further investigation that could lead to additional charges for possessing drug paraphernalia or even distribution. In Texas, penalties for marijuana possession start with up to 180 days in jail and a fine up to $2,000 and go up to life in prison with a $10,000 fine. As with any arrest and subsequent criminal charges, you are not automatically guilty. There are policies and procedures the prosecution must follow to prove that you were in actual or constructive possession.
Did you have actual, physical control over the substance: meaning, in your hands, on your person, or in a container on your person, such as a purse, or in your car?
Did you have constructive possession” meaning, was the substance in your presence; and were you aware the substance was illegal; and were you physically able to take control of the substance; and did you have intent to take physical control of actual possession of the substance?
The key in any arrest is to make mental notes of the facts and circumstances and record them privately as soon as possible after you are released from custody. You also have certain rights relating to protection from unreasonable search and seizure and the right to due process. It’s possible that your rights were violated! An experienced Texas criminal defense attorney can help determine both the factors of possession and the protection of your rights in your case.
If you are charged with a drug crime you may still be eligible for pre-trial diversion or deferred adjudication probation that could get your case dismissed or prevent a conviction from being placed on your criminal record. However, if you are convicted of the crime, you may be ordered to serve time in jail. You may also have to pay a heavy fine, plus all costs of court proceedings. In addition, you may be placed on probation, complete with specific terms and conditions to comply with. Your arrest and jail sentence may remain on your criminal record.
If you are facing a charge for marijuana possession or related crimes, it’s critical that you engage a criminal defense attorney with experience in the county in which you were arrested. Each county has its own way of doing things and optimal criminal defense depends on the experience and relationships your attorney has within the county. Criminal defense attorney Mac Morris has experience in Dallas, Collin and nearby counties. He will work vigorously to protect and defend your rights for the best possible outcome.
Call criminal defense attorney Mac Morris for a free consultation at (972) 885-6325.