Marijuana Possession

Defending Against Marijuana Possession Charges

The law in Texas says that possessing a usable quantity of marijuana is a criminal offense. Now, there is sometimes some confusion about exactly what is meant by the term "possession." In this state, it is defined as "care, custody, control or management." One thing possession is not is "ownership." Some people think that charges won't stick because the marijuana in question did not belong to them. Unfortunately, this is not true.

Whether you bought the weed yourself or it was simply found on your property, you face serious penalties. Let the attorneys of Sutton Milam & Fanning vigorously represent your interests. From our office in Waco, we handle drug offenses throughout the surrounding areas.

Did you know? Possessing 2 ounces or less of marijuana is a Class B Misdemeanor. The grade of offense increases as the amount of marijuana increases.

Who Possessed The Pot? It Could Be One Person, Many Or None.

Now, it can be tough to decide who actually possessed the substance in any given case. You could conceivably have a case where marijuana is found in a car along with four people and no one is guilty of possession. It could also be true that one, two, three or even all four are guilty. It has a lot to do with what we call "affirmative links," something that we will discuss in our office during your free consultation.

Search And Seizure Violations Can Potentially Get The Evidence Thrown Out

Something else that we will discuss during your free consultation is the Fourth Amendment of the U.S. Constitution. The Fourth Amendment protects citizens from unreasonable governmental searches and/or seizures. We will analyze your case to make sure that law enforcement did not violate your rights at any time during the search and seizure process. If they made any mistakes, we will likely file a motion to suppress evidence in your case.

A Specific Warning About Marijuana Charges In McLennan County

Here's something you need to know about possession of marijuana in McLennan County: Even though jurors tend to take this charge a little less seriously than other criminal offenses, this does not hold true for the misdemeanor judges.

Both Judge Cates and Judge Freeman love to test anyone with a drug charge on their record during court appearances. If the drug test comes up dirty, they will forfeit your bond and remand you into custody. So, if you are on bond for marijuana, do not smoke marijuana!

Learn more by calling Sutton Milam & Fanning at 254-633-3048 or by contacting our lawyers online.