So, you just left a party and took a few buds with you. Maybe you don’t even smoke that much, but you thought you’d partake in a little smoke when you got home to wind down. Then the unthinkable happens: you get pulled over on the way there.
The first thing that runs through your mind is probably what happens for the first-time offense for possession of weed in Texas. You’ve probably heard that Texas drug laws are harsh, and you’re right. Speak with a criminal defense lawyer near you about your options.
Typical Charges for a First-Time Offense
First, let’s talk about how much weed you were allegedly caught with, because that’s a major factor. It will determine whether or not you are charged with a misdemeanor or felony and what sort of penalties you might possibly face.
Possession of less than two ounces of weed is considered a misdemeanor crime in Texas. This means that if you’re convicted, you could face three months of incarceration and fines in excess of $2,000.
If you get charged with having less than two ounces of marijuana but have previous drug convictions on your record, then your punishment might be more severe and be up to a year behind bars and a $4,000 fine.
If you are charged with having more than two ounces but less than four ounces, then it is also a Class B misdemeanor and carries the same penalties as above, although they may be slightly harsher, depending on your particular situation.
However, there are several factors that can affect how long your sentence will be. These include whether or not this is your first offense or if there were aggravating circumstances involved in your case, like driving under the influence.
If you’ve been charged with weed possession and it’s your very first offense, your lawyer can fight to keep you out of jail and get you probation instead. If probation is granted, then it usually lasts 12 months. You might also have to attend drug counseling sessions.
When Cops Pull You Over and You’re Suspected of Possession of Weed
The first thing that will happen is that officers will ask you if they can search your vehicle. If you say no, then they can’t search it without probable cause (which means there needs to be reason for them to suspect criminal activity).
Does your car smell like pot? Are your response times slower than usual? Maybe you missed a stop sign. Were you driving too slowly out of paranoia or swerving over the center line? This may give them probable cause to search you.
If you agree to the search, or just don’t respond to them at all, then they can lawfully conduct a search of your vehicle and look through anything they find inside of it.
Call a Weed Possession Lawyer Now
If it’s your first-time offense for possession of weed, call Hoeller McLaughlin PLLC at 817-334-7900 or reach out to us through our contact form below. There are many defenses we can use to work to keep you out of jail and hopefully, keep a drug conviction off your record.