Posted on | May 3, 2011 | No Comments
Misdemeanor Drug Defense Lawyer in McKinney Texas Serving Collin County | Denton County | Grayson County
In the state of Texas, possession of two ounces or less of marijuana constitutes a class B misdemeanor and is punishable by up to 180 days in jail and a $2,000 fine. Possession of two to four ounces of marijuana is a class A misdemeanor and carries a jail sentence of up to one year and a $4,000 fine. Likewise, supplying a quarter ounce or less of marijuana to someone else is a class B misdemeanor while a sale of a quarter ounce or less is a class A misdemeanor. Possession of drug paraphernalia â€“ â€œpot pipes,â€ â€œbongs,â€ or other marijuana accoutrements, is a class C misdemeanor ($500 fine) while their sale is a class A misdemeanor.
While Texas law requires a judge to impose probation with mandatory drug treatment for first time convictions involving marijuana possession of less than a pound for defendants who have no prior felony convictions, other factors may affect your case and the sentence your receive. Even if youâ€™re sentenced to probation, your misdemeanor conviction will appear on your criminal record and your employer could fire you if they learn of your drug conviction.
Car Stops and Marijuana Misdemeanors
A fairly large number of arrests for misdemeanor marijuana possession are the result of car stops. When a car is pulled over for suspected DWI or for certain traffic violations, itâ€™s not uncommon for an officer to ask the driver if he has any illegal substances on him or if he can search the car. Legally, however, an officer must first have reasonable suspicion to pull you over in the first place. If an officer did not have reasonable suspicion to stop you, any drugs found in your car may be dismissed as evidence against you at trial. Consequently, the circumstances of your car stop is essential in determining if the marijuana misdemeanor charges against you should be dropped.
Whatâ€™s “reasonable suspicion”?
In general, reasonable suspicion involves any observable behavior that suggests youâ€™ve broken the law. Driving erratically, unusually slow, or acting in a way that suggests youâ€™re trying to hide something can provide a police officer with reasonable suspicion to pull you over. Once youâ€™ve been stopped, an officer should tell you what youâ€™ve been pulled over for.
If he sees something in plain sight â€“ a bong, a “roach,” drug paraphernalia, or smells marijuana â€“ he has probable cause to search your car. If, however, there is nothing in plain sight to suggest youâ€™ve broken the law, the police cannot search your car unless you give them permission. In misdemeanor marijuana drug possession cases that stem from a car stop, how officers find the drugs and the reasons for making a car stop in the first place often determine how strong the case is against you.
Arrested for Misdemeanor Marijuana Possession? Give Us a Call â€“
Even if youâ€™ve never been convicted for a felony or been arrested on marijuana charges before, a misdemeanor drug conviction can complicate your life in ways youâ€™ve never imagined. To learn how we can help you, contact McKinney, Texas misdemeanor marijuana drug possession defense lawyers at Gibbs Nolte Robison Rose PLLC today to schedule a confidential consultation.