Marijuana Possession

My question involves criminal law for the state of: Texas

What are the chances of jail time for a first time offense of marijuana possession of <2000 lbs. and >50 lbs. in the state of Texas? Especially if the individual was being paid to transport, but did not own the contraband, and the stop was bogus.....crossing over the shoulder line twice, yet the driver has a perfect previous driving record and was approximately 46 years old. :confused:

Hire an excellent lawyer that is a very huge amt of weed,even a minor traffic violation is reason to pull someone over. He can discuss his options w. a lawyer if there any ground to get the case thrown out or help him arrange a plea. If he has prior felonies or drug convictions that would work against him. If convicted of that charge his chance of jail time is very good, maybe a lawyer could work out county time,boot camp or something.

Sorry to inturrupt your case, but i a couple questions for anyone that can answer them. I was charged with simple possession of Marijuana. This is my first offense and my last.lol I need to know what im in for. I want to get a public defender and apply for the Pre trial diversion program so i can clear my record. Ive never been to court, so someone please help me out. Thanks

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Quoting tc498

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Hire an excellent lawyer that is a very huge amt of weed,even a minor traffic violation is reason to pull someone over. He can discuss his options w. a lawyer if there any ground to get the case thrown out or help him arrange a plea. If he has prior felonies or drug convictions that would work against him. If convicted of that charge his chance of jail time is very good, maybe a lawyer could work out county time,boot camp or something.

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tc498:
Thanks for the advice, even though it doesn't sound too promising. The amount of weed was actually 263 lbs., that was just the category that the charge fell into (<2000 but >50). This individual has a public defender who is going for a motion to suppress first, I guess. There are no prior felonies or convictions of any sort, and the public defender wants a character witness in case the motion doesn't work. It has already been a year since the arrest, and the case still hasn't gone to trial. Is that a good thing...I mean, is time on this individual's side?

What are his charges?

Distribution of marijuana?

Drug trafficking?

Just because your 46 years old and have a perfect driving record doesn't mean that he didn't swerve over the white striped traffic line of the shoulder. This is probable cause for a law enforcement officer to pull a vehicle over. For one he could have been drunk or it very well could have been driver fatigue. So arguing that it was an invalid traffic stop that leads to the discovery of the marijuana isn't going to win the judge over.

Even with no prior felonies or convictions 263 lbs (trafficking) of marijuana will land you in jail and possibly for a very long time. I wouldn't hold my breath on the judge and prosecutor agreeing on probation.

The case probably hasn't gone to trial yet because it's still under an investigation. You yourself said that the weed wasn't his that he was just being paid to transport it, well the police are probably aware of this and are waiting to complete there investigation before trying there suspect. At the end of there investigation the DA will decide to add charges or just let the suspect stand trial on the charges that all ready exist.

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Quoting Who'sThatGuy

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What are his charges?

Distribution of marijuana?

Drug trafficking?

Just because your 46 years old and have a perfect driving record doesn't mean that he didn't swerve over the white striped traffic line of the shoulder. This is probable cause for a law enforcement officer to pull a vehicle over. For one he could have been drunk or it very well could have been driver fatigue. So arguing that it was an invalid traffic stop that leads to the discovery of the marijuana isn't going to win the judge over.

Even with no prior felonies or convictions 263 lbs (trafficking) of marijuana will land you in jail and possibly for a very long time. I wouldn't hold my breath on the judge and prosecutor agreeing on probation.

The case probably hasn't gone to trial yet because it's still under an investigation. You yourself said that the weed wasn't his that he was just being paid to transport it, well the police are probably aware of this and are waiting to complete there investigation before trying there suspect. At the end of there investigation the DA will decide to add charges or just let the suspect stand trial on the charges that all ready exist.

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The charge is possession of marijuana, not trafficking or distribution, just possession. Can't the defense attorney look at the video on the cruiser's dash and see whether or not the car did cross over the line? Do you think he has a better chance if he's willing to give up some names....as to who actually owned the stuff?

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Quoting thomasha

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The charge is possession of marijuana, not trafficking or distribution, just possession. Can't the defense attorney look at the video on the cruiser's dash and see whether or not the car did cross over the line? Do you think he has a better chance if he's willing to give up some names....as to who actually owned the stuff?

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Just a possession charge after being found with 263 pounds of marijuana, IN TEXAS? That doesn't sound logical to me.

Yes, just possession. Maybe they know that it wasn't the driver's stuff!? But that is the charge, nothing else.

Well if that's the case then I would plead guilty, because that's a GIFT from the prosecutors office.

A gift? Well that's good to hear, do you think that could also mean a better outcome if entering a guilty plea?

I just looked further, I guess it wasn't a gift. It's a second degree felony 2 - 20 years in prison and a fine up to $10,000

by the way... it was in the criminal's car... it WAS his stuff.

You keep saying that like it means something.

When you are transporting enough pot to effect the gas mileage, it really doesn't matter.

No, actually it was in a rental car, but that was in the driver's name. The police report has the name of the person who actually owned the stuff, because they flew out west together and the boarding pass was in the car. I was thinking that this may be a reason that the case is taking so long to go to trial.