Currently Browsing: Criminal Law

How The Amount Of Marijuana In Possession Affects Penalties

Marijuana use and distribution is common in the United States, but those who are accused of possessing marijuana can be facing serious legal penalties. The severity of such penalties largely depends on the amount of marijuana found in a person’s possession. The spectrum of penalties also can vary based on the person accused and their history. Texas has strict, but varying, laws regarding penalties for marijuana possession because the state acknowledges the obvious and essential difference between, for example, a teenager caught with marijuana one time and a long-time drug dealer who perpetually gets caught in possession of the drug. In both cases, penalties are imminent, but will almost certainly vary.

Understanding Differences of Possession

Many people who are accused of marijuana possession in Texas have only a small amount of the drug on them, and lawmakers in Texas want to distinguish between this kind of crime and one of greater import. Thus, the Texas laws regulate penalties for different levels of marijuana possession as follows:

  • Less than 2oz up to 2,000 in fines and up to 120 days in jail
  • 2 4 oz up to 4,000 in fines and up to 1 year in jail
  • 4oz 5 pounds (now a state felony level crime) up to 10,000 in fines and 180 days to 2 years in jail
  • 5 50 pounds up to 10,000 in fines and 2 to 10 years in prison
  • 50-2,000 pounds up to 10,000 in fines; 2-20 years in prison
  • more than 2,000 pounds up to 50,000 in fines and 5-99 years in prison

According to the Law Offices of Mark T. Lassiter website, regardless of what penalties a person finds themselves facing as a result, everyone deserves a fair trial and competent legal representation. These are rights that are reserved for everyone in the U.S. by the Constitution. These are rights that are unlawful to infringe upon. If this happens, and an individual is arrested and convicted of a crime as a result, the court decision can be thrown out or reversed.

Being arrested on charges of drug possession can be daunting and you might not know where to turn when you’re facing such harsh penalties. However, legal representation can be extremely helpful, potentially eliminating or at least reducing the charges or penalties you’re facing. This can help you move on with your life with as little derailment from drug possession accusations as possible.

What To Do If You Are Arrested

Even if you have a clean criminal record or pride yourself on being a law-abiding citizen, every American citizen could potentially stumble upon a scenario where he or she may be arrested. This can include a number of actions and situations from unknowingly breaking the law to a police investigation mistake. To ensure that you avoid any potential mistakes that could negatively impact your future, it is important to know how to properly respond if you are ever arrested.

How to Respond

Facing an arrest can be one of the most stressful and frightening times in your life. If you are under arrest, it is important to remember to stay as calm as possible and keep the following ideas in mind:

  • * Do not resist arrest in any way. No amount of talking or pleading can get you out of an arrest so don’t even bother.
  • * Follow all orders and be respectful to the arresting officer even if you believe you are being treated unfairly or being wrongfully charged.
  • * Only provide the arresting officer or prosecutor with basic information so you don’t accidentally say something that could incriminate you. Do not share any additional information about yourself or the case until you have an attorney present.
  • * If you are searched, processed, and booked in a holding cell, try to stay as calm as possible and do not make any threats or act aggressively.
  • * If an officer offers you a deal or claims it will be easier if you confess, do not give in. This can be a stressful time so it may be tempting but remember to not say anything until you have spoken with your attorney.

For More Information

Facing criminal charges can be a very trying time in your life, but you are not alone. Let a skilled criminal lawyer stand up for you and protect your rights and interests. Call an attorney today and secure your future.