Class B Misdemeanor Marijuana Charge - What to Expect
My question involves criminal law for the state of: Texas
Hello, I was recently charged for possession of marijuana in Texas. This is the first time anything like this has happened.
We were driving on the freeway and passed an officer who had stopped someone else. I did not know we had to change lanes or slow down 20 mph. He stopped me and a friend and saw marijuana in the car. He just took me out of the car, arrested me and put me in his car without saying anything. Once inside the county office, I had three options: Hire an attorney, get appointed an attorney, or waive my rights to an attorney to hear a prosecutors deal. I chose to waive the attorney because I still had the opportunity to hire an attorney afterwards, and because I did not know what I was doing. I was put back in the holding cell without talking to the prosecutor and was let go a couple of hours later after someone paid the fine.
My court date is in a month. I would greatly appreciate your advice on what to do and what the usual outcome of this would be. What worries me the most is future employers as I'm studying at a university. Thank you.
Re: Class B Misdemeanor Marijuana Charge - What to Expect
You already indicated that you intend to retain a lawyer - a good idea, so run with that.
Your lawyer can try to make sure that your charge ends up being resolved as a Class C misdemeanor, and can try to get you a deferred disposition. Your lawyer can advise you of the best outcome that is likely to be available in the county at issue under the facts of your case.
Following the successful completion of a deferral for a Class C misdemeanor you are immediately eligible for expungement. After other deferrals you can petition to have your record sealed after a statutory waiting period, but can only get an expungement if you first obtain a pardon.
You have probably figured this out: If you can't afford to be caught with drugs due to how it will impact your college and career plans, you need to stop using illicit drugs and hanging around with drug users.