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Out of state Marijuana Charges Texas

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  • Out of state Marijuana Charges Texas

    So I am a resident of Sacramento, Ca. And I was on vacation in Texas and I was driving home to California and A police officer pulled us over in Corsicana, Texas, we had been going the speed limit and even the police officer admitted that we hadn't been doing anything wrong he just randomly pulled us over. He kept repeating where is the pot and nobody in the car said anything (by the way i'm in the backseat) so they told us to get out of the car so they could search and than the guy in the front seat throws back a pack of swisher sweet cigars towards the backseat. Well the two male officers searched the car and found the pack of cigars filled with a little bit of pot inside. Nobody confessed to it and it was 12 degrees on the side of the highway so i figured it wouldn't be long they would just give me a ticket so i agreed that i would go in for it. I got bailed out 13 hours later
    after being in the holding cell. My bail was 1,000 dollars. I have court Feb 12th and this is also my first offense anywhere.

    Any advice would help.
    Thank you so much for your time.

  • #2
    Re: Out of state Marijuana Charges Texas

    In this I wish to inform you that in Texas, the Texas Code of Criminal Procedure provides about community supervision and mandatory drug treatment programs which is a sentencing requirement where the person is found in possession of marijuana. Further, if you were arrested then it is the duty of police also to inform you about your Marinda Rights. Moreover, in this legal case the state will first have a duty to prove the criminal charge of marijuana possession before you can be sentenced.



    • #3
      Re: Out of state Marijuana Charges Texas

      Do not handle that by yourself.

      Make sure you have a lawyer involved. They know the system and they can negotiate that much better than you can.


      • #4
        Re: Out of state Marijuana Charges Texas

        Should I hire one, or use a public defender?
        I really don't have the money or even know how much that'd cost me if I did need a lawyer.
        Does anyone know about how much a lawyer would be?


        • #5
          Im from Arkansas and i got caught with meth in texas and i have priors from 10 years ago. Am I looking at jail time?


          • #6
            Re: Out of state Marijuana Charges Texas

            Originally posted by Unregistered View Post
            Im from Arkansas and i got caught with meth in texas and i have priors from 10 years ago. Am I looking at jail time?
            The penalties for possession of meth are high. This table reflects the maximum allowable penalties under Texas law.

            Amount of Meth Offense Classification Penalty
            Less than 1 gram State jail felony Up to 2 years in prison and $10,000
            1 gram- 3.99 grams 3rd degree felony 2-10 yrs. in prison and $10,000
            4- 199 grams 2nd degree felony 2- 20 yrs. in prison and $10,000
            200- 399 grams 1st degree felony 5- 99 yrs. in prison and $10,000
            400 grams + Enhanced 1st degree felony 10- 99 yrs. in prison and $100,000

            Additional Penalties:

            The Texas Tax Code, in addition to the criminal penalties for drug possession, also sets potential civil penalties. Although the statute is not often used in minor possession cases, the code requires that taxes must be paid on illegal drugs, so that “dealers” who possess over certain amounts can be charged with tax evasion.

            The state of Texas can also suspend your license for up to six months following a conviction on any violation of the Texas Controlled Substances Act.

            The Code of Criminal Procedure also allows police to seize any property used or “intended to be used” in the commission of a drug felony. That means they can take your car, your home, or any other belonging where you are accused of carrying or hiding drugs. The asset forfeiture law is a civil action, not criminal, and you don’t have to be convicted for the state to try to take your property.

            As you can see, the drug possession penalties are complicated, an depend on the classification of the substance and the quantity. Things get even more complicated if you have a prior drug conviction and are facing a 2nd or 3rd offense drug possession charge.

            You need an attorney. Speak with your attorney to discuss exactly what options you might have.
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