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Possession of Marijuana

Austin Marijuana Possession Defense Attorney

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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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  • "I am very thankful for his hardworking to defend my reputation and innocence."
    Able to defend me well in my case for a fair price. All charges dropped as they should have been due to his diligence. Good communication by both email and phone. Showed poise and intelligence in the courtroom. I am very thankful for his hardworking to defend my reputation and innocence.
    R.N. on Yelp
  • "Will was a lifesaver for me."

    Will was a lifesaver for me. He helped me put together documentation that resulted in having a felony dropped to a misdemeanor. Olivia, his assistant, is awesome also. I had Will's cell number and was able to call or text any time I felt uneasy. The team is very responsive and supportive. I could not ask for a better outcome. Thank you, Will!

    Kalyn S.
  • "The man knows how to right a wrong."

    Mr. Mitchell worked on having my charges dropped and my clean record reinstated. The man knows how to right a wrong.

    Sam G.
  • "He has the knowledge and patience to come up with a personalized plan of action."
    Attorney Will Mitchell can help! Expedient, Professional, and just a good guy to talk to when the chips are down. He has the knowledge and patience to come up with a personalized plan of action.
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  • "Very helpful and knowledgeable!"

    Very helpful and knowledgeable! Thank you.

    Jaime W.
  • "Best law firm hands down."
    Best law firm hands down. Super patient. Super professional. I live in Dallas, TX and Mr. Will Mitchell took care of everything for me without having to travel! Highly recommend his services!
    Catie
  • "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 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.