- Marihuana Arrest Lawyer in Austin, Texas -
Marijuana Possession and Marijuana for Personal Use arrests have routinely been one of the most numerous types of arrest and criminal conviction throughout the United States, ranging from a small amount of Marijuana to just under an ounce, and even larger. Possession of Marijuana arrests continue to wreak havoc on the American public, and not just college students or young adults; Police arrested 847,864 persons for marijuana violations in 2008, according to the Federal Bureau of Investigation's annual Uniform Crime Report Possession of Marijuana for personal use can lead to jail time, probation, and costly fines if the criminal arrest and charges are not dealt with quickly and aggressively by a qualified defense attorney or lawyer familiar with the Marijuana laws of your particular state.
But beware, even a minor arrest for possession of marijuana, even if truly for personal use, can quickly become a serious felony charge representing Marijuana Sales, Marijuana Delivery, and even Marijuana Transportation. Often the arresting officer will make a quick judgement call based only on the amount of marijuana present, and not based on the consumption or habits of the marijuana smoker. This leads to the district attorney filing charges for Marijuana sales rather than personal use, forcing the defendant to go to a criminal jury trial against a trumped up charge. An experienced attorney can argue and defend against such criminal charges concerning marijuana, helping you defend against the allegations.
An experienced and seasoned lawyer familiar with Marijuana Possession defense knows how to file and argue motions based on Violations of your Search and Seizure Rights, meaning that if police officers invade your privacy and conduct an illegal search, your lawyer can challenge the search in court. A successful motion to supress marijuana possession can lead to an outright dismissal where officers illegally searched for marijuana. Know and Protect Your Constitutional Rights by Contacting a Marijuana Possession Lawyer.
- Do I Need a Marijuana Lawyer for a Possession of Marijuana Charge or Arrest? -
While the trend across the US seems to be reducing or decriminalizing Marijuana Possession under an ounce for personal use, Possessing Marijuana can still be a negative factor when considering your criminal record, court dates, court ordered rehabilitation programs, and fines. It is always best to speak with a lawyer to go over your options and choose how to proceed, such as deferred adjudication, deferred disposition, pretrial diversion, deferrals, and dismissals.
- Arrested for Marijuana Delivery
when Possessing Marijuana for Personal Use -
Common problems arising from Marijuana Possession Arrests include being mistaken for a drug dealer or selling marijuana when infact a person is truly possessing marijuana for personal use. Sales, Sale of Marijuana, and Delivery of Marijuana all are typically felony offenses that can lead to a severe criminal record and jail time, or possibly state prison as penalty and punishment.
One of the most common methods an Officer uses while investigating a Marijuana or drug arrest is to inspect the items an arrested person possesses. For instance, a cell phone, any extra baggies, a scale, any amount of cash, pipes, and even notebooks and computers. An officer may decide based on the presence of any of these items that a user or possesser of marijuana is intending to sell the marijuana. Officers, testifying as expert witnesses at trial in a Drug or Marijuana Sales and Delievery trial, wil offer the opinion that a cell phone is used to make sales and call potential clients; extra baggies are used to distribute drugs to buyers; a scale is used to weigh drugs for sale; and even cash can be considered proceeds from marijuana sales.
A routine Marijuana arrest for sales instead of Personal Possession of Marijuana involves an individual arrested with a couple small bags of marijuana -- for instance, three $10 bags. The arrested individual had approached the drug dealer, asking to buy $30 worth of marijuana. Since that marijuana dealer only had $10 bags or $100 bags, the dealer gave the buyer three $30 bags. When officers arrest the buyer, they find three seperately packaged baggies and surmise the only conclusion can be the arrested person was selling, since they possessed more than one bag. Very rarely, if ever, will the prosecution or officer admit that people sometimes buy more than one bag or in bulk, causing a marijuana user to be arrested for a much more serious felony Marijuana Sales or Marijuana Delivery. Since the user was truly not selling, they are forced to trial.
Serving Austin Texas and surrounding areas of Travis County, including San Marcos, Hays County, & Blanco County.
