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What options do I have when I have a possion of marijuana less than 2 oz in court?
Lewisville, TX
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Posted 5 months ago in Criminal Defense
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I got pulled over and police found marijuana on me but less than 2 oz. This is my first offense and I'm only 17 and want to know my options?
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Answers (1)Robert Hampton Tuthill
This attorney is licensed in Texas.
Posted 5 months ago.
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Well, possession of marijuana, less than 2 oz, is considered a class B misdemeanor in Texas. A class B misdemeanor carries a maximum punishment of up to 180 days in jail and a $2,000 fine. A conviction would also include a drivers license suspension.
Make sure to hire a competent attorney! Having said that, you will likely have a few options. You might be eligible for a pre-trial diversion. Which is basically a probation that isn't registered on the books anywhere. Once completed, the case is dismissed and you can get it expunged. You will likely be offered a Deferred Adjudication type of probation. Basically a probation that is on the books but is not considered a conviction. You cannot expunge it, but you can "seal" it with a petition for non-disclosure. Since it isn't a conviction, it saves your license. You might be offered "straight" probation. This is considered a conviction and is on the books and you lose your license. You will be offered jail time. Also might be offered a time served plea, meaning you just pay a fine. This is a conviction and you lose your license. You might also have some chances to challenge the case on the merits. The cop may not have pulled you over for a valid reason. Maybe the search was bad. Maybe they can't tie you to the dope. Get a decent lawyer that will fight for you and get you the best outcome possible. Hope this helps. Good luck! |