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Possession Marijuana in Texas, First Time - How Bad Will It Be?

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  • 10-24-2007, 09:34 PM
    Zero 6
    Possession Marijuana in Texas, First Time - How Bad Will It Be?
    I am to go to court for possession of Marijuana in 2 days and am scared of what the penalties will be. It is a first offense and a class B misdemeanor, my court appointed lawyer says he might be able to bring it down to a class C. It was 0-2 o.z. I have no previous criminal record. I did a little research but didn't get much. It happened in San Antonio, TX.

    Now what happened is the cop did not see the bag he saw the cigars which are used to make blunts which where in the glove compartment along with the bag. I tried to hide it as I was looking for my proof of insurance which I did not have on me, he never saw the bag. He said it gave him probable cause to bring in a K-9 and search. Is this true??? Is his assumption a probable cause??? He assumed that since I had the cigars which are used for that but are NOT illegal, that I had marijuana, he was right BUT did that really give him prabable cause??
    Can I use that in court?
    Is there anyway to get out of it?
    I'm under 21, so do I count as a minor?
    How can I get an acquittal, dismissal, or a pardon of some sort?
    How bad do you think it will be?
    Any helpful advice or info?
  • 10-24-2007, 11:42 PM
    blueeagle
    Re: possession marijuana in Texas, 1st time, how bad will it be?
    Quote:

    Now what happened is the cop did not see the bag he saw the cigars which are used to make blunts which where in the glove compartment along with the bag. I tried to hide it as I was looking for my proof of insurance which I did not have on me, he never saw the bag. He said it gave him probable cause to bring in a K-9 and search. Is this true??? Is his assumption a probable cause??? He assumed that since I had the cigars which are used for that but are NOT illegal, that I had marijuana, he was right BUT did that really give him prabable cause??
    Legally this does NOT constitute probable cause. However, several officers know "tricks" that can make a K9 act as if he smelled something. But in reality, the officer has committed armed robbery.
    Quote:

    Can I use that in court?
    Yes. Have your lawyer explain it to the judge.
    Quote:

    Is there anyway to get out of it?
    If you can prove he acted with out probable cause, then yes.
    Quote:

    I'm under 21, so do I count as a minor?
    No.
    Quote:

    How can I get an acquittal, dismissal, or a pardon of some sort?
    See above.
    Quote:

    How bad do you think it will be?
    Probation if convicted. Nothing if you get a dismissal.
  • 10-25-2007, 06:09 PM
    Zero 6
    Re: Possession Marijuana in Texas, First Time - How Bad Will It Be?
    Great thanks, I will tell my lawyer and use this tomorrow. Thanks for the help
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