Texas has strict laws regarding the possession of marijuana, and a violator’s sentence will depend on the circumstances. There are ways to fight a marijuana possession charge, but when a person is undoubtedly guilty, there are few viable defense strategies. If you enter a plea bargain with the Dallas County District Attorney, you will not go to jail or end up with a criminal record if you were not in possession of more than 2 grams.
If police have caught you with marijuana, do not assume the courts will find you guilty. Several strategies exist to defend violators, and it is possible to prove innocence in some cases. A qualified criminal attorney may be able to devise an effective defense strategy for your case.
If you need a skilled criminal lawyer in Dallas, we can help. The Law Offices of Robert Gregg is a member of the Dallas Criminal Defense Bar Association. Call us today at 214-559-3444 to discuss your case, and read on for four potential defense strategies against possession charges.
- You were unknowingly in possession of marijuana.
There are times when a defendant is caught with a friend’s marijuana and he or she genuinely had no knowledge of it. For example, if a friend asks you to hold his or her wallet for a moment and the police catch you with 1 gram of marijuana inside it, you can argue that you obviously did not know about the contents of the wallet. If you can prove that the wallet did not belong to you, you are not in any violation of marijuana laws.
- You were not in possession of any marijuana.
The police do occasionally make mistakes and erroneously arrest people. Many herbs are similar in appearance to marijuana, and officers may mistakenly charge you for possession.
For example, if you purchased catnip for your cat and police believed it was marijuana, the crime lab will identify the mistake. In these cases, the result is a full dismissal of all charges.
- You were not in possession of marijuana per se.
As in the first scenario, some people are arrested for marijuana possession when it actually belonged to someone else. For example, the marijuana could belong to a friend who was staying at your house or who was riding in your car sometime prior to your arrest.
Some may argue this possession is still your responsibility, but others believe you had no control over it. In Dallas, these scenarios typically result in a jury trial, and you should exercise your right for this process.
- There was not enough usable marijuana in your possession.
In Texas, possessing less than 1 gram of marijuana is considered a class B misdemeanor, according to NORML. However, the law states that you can only be deemed guilty if you were in possession of a usable quantity. If you were arrested for miniscule traces of marijuana, it is possible to prove that there was not enough of it for anyone to actually use.
An example of this scenario is small traces found in your pocket or on your car seat. The police have to respect your rights when searching for or seizing marijuana. A violation of the 4th amendment is the most commonly used defense strategy by criminal lawyers in Dallas.
If you can prove police illegally violated your rights in order to search and arrest you, it may possible to get the case thrown out of court. Call the Law Offices of Robert Gregg at (214) 891-7536 today to discuss your situation with a qualified criminal attorney in Dallas.