Call Today 512.337.6285

Possession of Marijuana Charge

One of the most common charges is Possession of Marijuana (POM). If the amount is less than 2 ounces (most cases are under 2 ounces) it is a Class B misdemeanor with a range of punishment of up to 180 days in jail and up to a $2,000 fine.

If you are charged with any drug possession case, you should immediately contact my office so that I can determine some key legal issues. Was the police officer's initial contact with you legal? Was the search that lead to the discovery of the drugs legal? Can the State prove that you actually possessed the drugs? etc.

One of the worst mistakes people make is to keep drugs in their vehicle. It is much easier for the State to search a person's vehicle than his home. Anther mistake people make is to consent to having the police search their body and/or their vehicle. You do NOT have to consent! The police may still search your vehicle, but they must have probable cause to do so and an experienced criminal defense attorney can often fight a search based on this determination.

In terms of plea bargains, the county in which you are charged with this offense makes a big difference in the overall outcome of the case. In Williamson County, a POM charge will likely result in probation or jail time (depending on your criminal history). However, in Travis County, I can often get the case dismissed and instead have my client plea to a Class C misdemeanor called Possession of Drug Paraphernalia.

One consequence of a POM conviction that many are unaware of is the 180 day driver's license suspension. In order to avoid this suspension, an attorney should negotiate for a deferred adjudication. This type of probation is a probation like any other probation, but it does not result in a conviction. The DL suspension only happens when there is a POM conviction.

Categories: