Possession of Marijuana in Texas

The state of Texas deems the possession and sale of marijuana (cannabis) illegal. Penalties and fines would depend on the amount of marijuana the person possessed at the time the charges were made. Although the move to legalize marijuana has been accepted in some states, Texas has remained with their stand on criminalizing the sale and possession of marijuana, and has no provisions on the legal use of marijuana.

A criminal charge involving marijuana possession or sale can be a life-altering factor for a person. It can affect your personal and social life, and can greatly influence employment opportunities. Knowing how to face and deal with a marijuana possession, sale or manufacture charge is important so that it would not be a hindrance in your life. Finding the right Houston criminal defense lawyer can play the part in lowering prison sentences and fines or even have the charges settled without it having a to hugely affect your life.

The state of Texas classifies marijuana as a Schedule 1 substance (Texas Stat. and Code Ann. §481.002), putting it in a category that has a high potential for abuse and does not possess a recognized medical value. Marijuana possession is considered a crime and punishment varies depending on the amount possessed, with the penalties increasing when in a drug free school zone (Texas Stat. and Code Ann. §481.121.). The same factor also applies to cultivation and selling of marijuana, with escalating penalties for selling to a minor or within a drug-free school zone (Texas Stat. and Code Ann. §481.120.).

Despite marijuana being illegal in the state of Texas, those who have been caught with possessing, selling, or manufacturing can still be liable for unpaid taxes in accordance to the stamp tax (Texas Stat. and Code Ann. §159.101A.). Despite marijuana charges being under the rule of statutory law, hiring a Houston criminal defense lawyer is still vital because they would know how to handle these cases in line with prosecutors and judges in the state courthouses.

Chances of Getting DWI Charges Dismissed

The percentage of driving while intoxicated (DWI) or driving under the influence (DUI) charges that get dismissed at the starting block varies widely from state to state, when the information is available at all. Available statistics are usually for convictions; this is understandable as a dismissed case means no criminal record. The few states that do have some data for the number of dismissals after being charged with DWI put the number at between 10% (California) to 70% (Connecticut).

Particular interesting for someone charged with a crime is the most common grounds for dismissal. In DWI or DUI charges, this is the absence of probable cause. For an arrest for drunk driving to stick, the arresting officer must have a legitimate reason for making the stop in the first place. It could be erratic driving behavior, a separate traffic violation i.e. broken taillight, or even littering. If the arresting officer cannot give a satisfactory reason for making the initial stop, the whole case gets thrown out or dismissed.

In other cases, what is considered a dismissal may actually be what is termed a deferred adjudication, where first-time DUI offenders complete a course that will allow them to avoid a conviction even when there is overwhelming evidence of DUI. This is equally desirable under certain circumstances.

This is why it is so important that a person charged with a crime should take advantage of their right to remain silent and to consult with a criminal defense lawyer immediately after being arrested. The land of probable cause is a slippery slope, and an experienced Austin criminal lawyer is likely to know where the best footholds are. If you are being charged with DWI, you will want to be guided to those footholds to avoid a conviction because it has long-term and far-reaching consequences. Those convicted of DWI run the risk of losing their driver’s license, being thrown in jail, and having to pay hefty fines.