Have prosecutors in Dallas charged you with possessing marijuana? Although marijuana possession may not seem like a serious crime, the drug remains illegal under Texas law. Possessing even a small amount of marijuana can have significant penalties and consequences.

Get the legal counsel you deserve to protect your rights and interests during this critical time. Contact My Dallas Criminal Lawyer today for an initial case evaluation with a Dallas possession of marijuana attorney. We look forward to meeting you, explaining your options, and advising you on potential defenses.

Do You Need an Attorney After Getting Charged with Marijuana Possession?

Don’t face the aftermath of an arrest for marijuana possession alone. Instead, get help from a criminal defense lawyer from My Dallas Criminal Lawyer who can guide you through the criminal justice process. Let us protect your rights and interests by:

• Thoroughly investigating your charges to obtain all available evidence that may help us build a defense for your case
• Evaluating your legal options for obtaining a favorable resolution to your charges
• Explaining your charges and the potential outcomes of your case to you to assist you with making informed decisions about how to proceed
• Contesting the prosecution’s case at every opportunity, including seeking to exclude evidence if investigators violated your rights
• Pursuing the best possible outcome to your charges, even if that means going to trial when you choose to fight the prosecution’s case or assert your innocence

Why Choose a Criminal Defense Lawyer from My Dallas Criminal Lawyer?

Now you know you need a marijuana defense lawyer in Dallas. But why choose My Dallas Criminal Lawyer specifically? Because:

• Our legal team has established a reputation for providing comprehensive legal representation. We thoroughly prepare every case we take, back up this preparation with skilled advocacy, and provide exceptional client service at every stage.
• We tailor our approach to the facts of your case and your needs, concerns, and goals. You will not be treated like just another case number.
• At our firm, you will work directly with a seasoned criminal defense attorney who will listen to your story, explain your charges, and develop a comprehensive legal strategy to help you seek a favorable resolution to your charges.
• Our attorneys leverage their extensive legal knowledge and litigation skills to protect your rights and interests in the criminal justice system.

Understanding Marijuana Possession Charges

Under Texas law, a person commits a crime if they intentionally or knowingly possess a usable quantity of marijuana. The grading of a marijuana possession charge depends on the amount of marijuana possessed by an individual:

• Two ounces or less: Class B misdemeanor:
• More than two ounces but less than four ounces: Class A misdemeanor
• More than four ounces but less than five pounds: State jail felony
• More than five pounds but less than 50 pounds: Third-degree felony
• More than 50 pounds but less than 2,000 pounds: Second-degree felony
• More than 2,000 pounds: First-degree felony 

Frequently Asked Questions About Possession of Marijuana Charges

Still have questions about possession of marijuana charges in Dallas? Our defense attorneys have the answers. 

Will I go to jail or prison for marijuana possession?

The sentence that a trial court may impose for a marijuana possession conviction will depend on the grading of the charge. Sentencing ranges include:

• Class B misdemeanor: Up to 180 days in jail, a fine of up to $2,000, or both jail time and a fine
• Class A misdemeanor: Up to one year in jail, a fine of up to $4,000, or both jail time and a fine
• State jail felony: 180 days to two years in state jail and a potential fine of up to $10,000
• Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
• Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
• First-degree felony: Five to 99 years in prison or life imprisonment and a potential fine of up to $50,000

Several factors will affect a court’s decision about whether to enter a sentence involving jail time. Furthermore, some defendants may qualify for admission to drug court, which may provide an alternative to prosecution in the form of pretrial supervision. Successful completion of a pretrial drug court program may result in the dropping of possession charges. 

What defenses might I have against a marijuana possession charge?

Here are common potential defenses that people facing marijuana possession charges might raise in their case:

• Lack of intent: A defendant may argue that the prosecution’s evidence failed to prove that they acted with the required level of criminal intent under the marijuana possession statute.
• Lack of possession: Defendants may assert that the prosecution has failed to prove they had actual or constructive possession of the marijuana seized by the police.
• Unlawful search: A defendant may seek to exclude evidence of marijuana from the case by arguing that the police conducted an unlawful search of the defendant or their bags, vehicle, or home due to the lack of a warrant, probable cause, or exigent circumstances justifying a warrantless search.

Furthermore, Texas law provides a “Good Samaritan” defense to charges of possession of drugs like marijuana, excusing a defendant who successfully invokes the defense from criminal liability. This defense only applies to defendants who were in possession of four ounces or less of marijuana. Under this defense, a defendant must have either made the first request for medical assistance for another person suffering a possible drug overdose, or themselves suffered a possible drug overdose, and they or another party summoned medical aid. 

What should I do after getting arrested for marijuana?

While under arrest for marijuana possession, you can put yourself in a favorable position to defend yourself against possession charges by taking a few simple steps. Exercise your right to remain silent, refrain from answering questions from the police or giving a statement, and ask to speak to a criminal defense attorney as soon as possible.

Contact Our Firm Today for Help Resolving Your Charges

If you’ve been arrested for possessing marijuana, you need experienced legal guidance to help you protect your rights and interests. Call My Dallas Criminal Lawyer at 214-949-4117 today for a confidential consultation with our marijuana possession defense attorneys to discuss how we can help you fight back against your charges.