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Possession of Marijuana

Austin Marijuana Possession Defense Attorney

Get Experienced & Personalized Legal Services

A conviction for marijuana possession in Texas can result in a jail or prison sentence, a fine, and a criminal record that can make getting a job, find a place to live, or living a normal life difficult. Therefore, having an experienced criminal defense attorney on your side is the best way to help you avoid serious criminal penalties.

If you or a loved one are facing marijuana possession charges in Travis County or Central Texas, The Law Office of Will Mitchell has more than 18 years of experience handling a variety of drug possession charges. Our Austin marijuana possession defense lawyer can thoroughly review your case, figure out all your legal options, and provide an effective and personalized defense strategy to help you avoid conviction or serving time behind bars.

To schedule a free consultation, contact us today at (512) 858-8611. 

Marijuana Possession Laws in Texas

Possession of Marijuana (POM) charges in Austin, and all over Texas, are one of the most common cases (behind only Driving While License Invalid) that Attorney Will Mitchell sees as a criminal defense lawyer. Like controlled substances, POM penalties range according to the weight found. Felony possession occurs at a weight greater than 4 ounces. Anything under that, the POM is a misdemeanor.

In Austin, it is common for the police to issue “cite and release” notices for misdemeanor level POMs. A “cite and release” notice allows the person to avoid arrest and report to a Judge at a scheduled date and time to go through booking process, bond out, and receive an actual court date all within a few hours, rather than spend a night in jail.

This is a discretionary policy and is not required. Many people receive these “cite and release” and ignore the court date information or simply don’t follow the instructions. It is not a ticket you can just call and pay if you don’t make it to the court date. You must report in person on or before the date on the notice.

What makes this confusing is the notice itself looks exactly like a speeding ticket or any other citation you receive. It is carbon copied, thin paper, and displays all the pertinent information in the same form and fashion.

If a person does not follow the instructions on the notice, an arrest warrant is immediately issued, and he or she will be arrested and go through the entire bond process as if they had been arrested on the spot at time the notice issued. Once you have completed the cite and release portion, you receive a court date in county court.

How a Criminal Defense Attorney Can Help

As with any criminal charge, you should hire a knowledgeable criminal lawyer to represent you if you receive a “cite and release” or are arrested for POM. Simply because you were not arrested at the scene, it does not mean it is not serious with no collateral consequences. POM convictions carry driver’s license suspensions, and student loan issues.

You should never consent to the search of your home, person, or vehicle. If an officer has probable cause to search you or your home, then they can get a warrant. If police want to search your vehicle, they must have probable cause, and APD has a policy requiring their officer to receive written consent if no probable cause to search.

Don’t sign anything unless it’s a notice to appear. Please fill out the contact form if you or someone you know is in one of these situations and needs to speak with a lawyer.

Call us today at (512) 858-8611 to learn how we can fight for you. 

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  • "Will is a fantastic lawyer."
    Will is a fantastic lawyer. He is detail-oriented, organized, responsive, knows the law well, and is very connected in Texas. His office support is top-notch as well. I would hire him again in a heartbeat, although I hope that's never needed.
    Former Client
  • "He was very personable."

    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone, and he listened to me explain what I needed help with. He didn't rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.

    Former Client
  • "I would hire him immediately. Great lawyer, five stars."
    Will Mitchell was friendly, courteous, respectful, and while I always felt welcome to ask questions about my case or even chat about the weather, he never wasted either of our time. He clearly explained the convoluted issues I was facing and how we were going to resolve them, and gave me all the information I needed about the process before I hired him so I could make an informed decision about how I was spending my money. He kept my priorities in mind and worked with me on my financial constraints while being clear on what my money would buy me. But best of all I always got friendly updates on what was happening so I was up to date on my legal status. I hope to never need him again but if I ever find myself in a clusterfuck of unpaid tickets I would hire him immediately. Great lawyer, five stars.
    Damianne
  • "He got my felony dropped, that says it all."

    I will forever be grateful for Will! He helped me get through one of the hardest times of my life. I was so scared when I first walked into his office for a consultation because my case was bad. He got my felony dropped, that says it all. Thank you Will for being there for me physically, mentally, and emotionally!

    Jessica P.
  • "I was amazed by his expertise and felt completely confident with his handling of my case."
    Will handled my case in a very timely, professional manner. He worked with me financially, and helped get me through a very stressful situation. I was amazed by his expertise and felt completely confident with his handling of my case. I would recommend him to anyone I know.
    Jennifer S.
  • "Thank you for all you did to see me get through this detrimental process."
    Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry. Will knows the laws and his overall industry well. Will keeps pushing for his desired ruling, and will make sure that he has done everything in his power to make sure you get the best ruling possible. Olivia makes sure you are aware of all the events that are needed during your trial process and makes sure you don’t miss out on any necessary paperwork, dates, classes, etc. — she and Will want to see you come out on the other end as winning as possible. They both care for their clients and I thank them for all they have done to make sure this process has been one of LESS STRESS. Thank you Will and Olivia, you two are an amazing team and force — I highly recommend your services to any full-time working professional, thank you for all you did to see me get through this detrimental process.
    Vonnie
  • "I would recommend Will Mitchell to anyone in my situation."
    Five star rating. Very professional. I would recommend Will Mitchell to anyone in my situation.
    Patricia
  • "Mitchell knows the system and how to guide you through it all."
    Well what can I say that everyone else hasn’t said?! Very glad to have found Will Mitchell. Will and his staff are highly professional and will handle your case promptly and efficiently. Mitchell knows the system and how to guide you through it all. While I intend on avoiding anymore run-ins with the law in the future, I definitely would recommend his services to anyone else who might need help.
    Maria