Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    May 2010
    Posts
    6

    Thumbs down 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.

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Marijuana Possession

    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.

  3. #3
    Join Date
    May 2010
    Posts
    1

    Unhappy Re: Marijuana Possession

    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

  4. #4
    Join Date
    May 2010
    Posts
    6

    Default Re: Marijuana Possession

    Quote Quoting tc498
    View Post
    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.
    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?

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Marijuana Possession

    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.

  6. #6
    Join Date
    May 2010
    Posts
    6

    Default Re: Marijuana Possession

    Quote Quoting Who'sThatGuy
    View Post
    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.
    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?

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Marijuana Possession

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

  8. #8
    Join Date
    May 2010
    Posts
    6

    Default Re: Marijuana Possession

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

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Marijuana Possession

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

  10. #10
    Join Date
    May 2010
    Posts
    6

    Default Re: Marijuana Possession

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

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Drug Possession: Possession of Marijuana With a Medical Marijuana Card from Another State
    By CovertCoupe in forum Criminal Charges
    Replies: 1
    Last Post: 05-10-2011, 06:15 AM
  2. Drug Possession: Possession of Marijuana and Possession of Paraphernalia in State Park
    By lateralus91 in forum Criminal Charges
    Replies: 1
    Last Post: 03-18-2011, 10:02 AM
  3. Paraphernalia: Possession of Drug Paraphernalia and Marijuana in Ohio
    By UUltimate in forum Criminal Charges
    Replies: 2
    Last Post: 05-26-2009, 02:13 PM
  4. Drug Possession: Marijuana Possession, and Drug Paraphernalia Possession - What Are My Options
    By yankeessuck309 in forum Criminal Charges
    Replies: 14
    Last Post: 03-14-2009, 09:32 PM
  5. Replies: 1
    Last Post: 11-08-2008, 04:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources