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  1. #1
    Join Date
    Sep 2008
    Posts
    12

    Default Growing Marijuana in Texas Possession Charge First Offense. Felony Charge

    My question involves criminal law for the state of: Texas, where cops came to my door knocked, brother answered it and came in. They said they had a tip from someone saying plants were in the house. So they searched the house after getting permission from my father after they were already in the house. they seized approx. 20 plants in all various stages of growth, some paraphernalia, which include pipes, bongs, and scales. With no intent to sell all was personal, even the cops and the snitch said that. They didn't arrest me, but tried to get me to snitch on others aka dealers to make this go away. I chose not to seeing as a cop cant strike a deal, only the DA can. Four months later they show up and arrest me on a possession charge, said it was a misdemeanor but could go up due to a park and school close to the house. Bail was $5,000, and was told by the bonds people it was a felony. This my first charge of anything except a P.I which i was pulled out of a bar and arrested. So I would like to know what could i be facing, are they sympathetic to first time felony charges? Is there any way to get it expunged off my record at a later time? Is there anything that the cops did wrong that i could use to my advantage? I have quit smoking and growing since this, since it was a wake up to me. Would that help me in court any?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Growing Marijuana in Texas Possession Charge First Offense. Felony Charge

    With all due respect, you need to sell whatever you can to get the best lawyer money can buy and you need to do it TODAY. You need to figure out what the charges are exactly...felony or misdemeanor. Hopefully, a good lawyer can get the charges reduced to misdemeanor but it depends on how many counts they got you with. The school thing will not help your case the sympathy thing kinda goes out the window. Do everything you can to avoid a felony charge.
    Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $4,000. For greater than four ounces the penalty increases to 180 days - two years in jail and a fine up to $10,000. Possession of greater than five pounds carries a penalty of 2 - 10 years in prison and a fine up to $10,000. For greater than 50 pounds the penalties increase to 2 - 20 years in prison and a fine up to $10,000. For any amount greater than 2,000 pounds the penalty is 5 - 99 years and a fine up to $50,000.

    The penalty for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days in jail and a fine up to $2,000. For delivery or sale of one-quarter of an ounce or less the penalty is up to one year in jail and a fine of up to $ 3,000. For delivery or sale of amounts greater than one-quarter ounce of marijuana the penalty increases to 180 days - 2 years in jail and a fine up to $10,000. Sale or delivery of greater than five pounds is punishable by 2 - 20 years in prison and a fine up to $10,000. The penalty for delivery or sale of greater than 50 pounds is 5 - 99 years in prison and a fine up to $10,000. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum 10 - 99 years in prison and a fine up to $100,000.

    Any sale to a minor is punishable by 2 - 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level.

  3. #3
    Join Date
    Sep 2008
    Posts
    12

    Default Re: Growing Marijuana in Texas Possession Charge First Offense. Felony Charge

    well i already have a lawyer, and making payments since it went up after i got arrested to felony.. now i don't know it that is what i was charged for exactly, since the cop told me it was a misdemeanor but could go up and the bail was $5,000 (not sure where that is on the misdemeanor or felony scale)? I am going to speak to him on Saturday of this week, so if there are any questions you can give me for heads up to ask him please let me know. This was the biggest mistake of my life and i truly regret it and i pray that the judge sees this. Now I believe the school is more than 1,000ft, but the park isn't so i don't know if that applies? Thank you for the reply, i really don't know what it all weighed out too, and i know that there is views seeing that only the leaves should be dried and weighed and not the whole plant in some cases. you cant even smoke either to get high and doesn't really contain enough THC to even get high, but yes i understand that the plant is illegal too. I just had a traumatic experience when i was younger and almost died and have a tough time coupling with it, so i smoked to relieve the thoughts of a lot of things. No plants had any buds whatsoever, and it really comes down to what they weighed for me to know what I fall under for. I cant see it being that much, but i don't really know! Will my lawyer be able to find this out? Also, I really don't know if this is the best lawyer, but better be lol with what i am paying. Bailey and Galyen and my attorney is John W. Robinson (So letting you know if you so maybe you have some information on him and all that good stuff) Thank you once again!

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