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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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  • "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.
  • "Very helpful and knowledgeable!"

    Very helpful and knowledgeable! Thank you.

    Jaime W.
  • "He guided me in all the actions I needed to take to help me get my case dismissed."
    The Law Office of Will Mitchell is highly recommended for anyone needing legal help. Mr. Mitchell kept me well informed throughout my legal case. He guided me in all the actions I needed to take to help me get my case dismissed. Thanks to his dedication and my following his advice, I am proud to say…I am now free of all of it! Thank you Will Mitchell and staff!
  • "I carry his card on me, because I believe in him and trust him."
    After being arrested for DWI, it is easy to feel lost, scared, confused, and unsure of where to turn for help. Luckily, I was recommended the legal services of Will Mitchell. From the initial consultation until my final court appearance, Will was there for me throughout the entire process. In a very frightening time, Will was able to put me at ease and guide me through a difficult situation. Due to his expertise and dedication, he was able to lessen my charge to a much more favorable outcome. I had multiple consultations before I was directed towards Will, and they all resulted in frustration, fear, and intimidation. I, like many Austin residents, work in the Service Industry, and was not financially able to afford much more than a public defender. His services are invaluable, but reached at a reasonable, flexible rate. I carry his card on me, because I believe in him and trust him.
  • "He worked to have the charges against me reduced significantly!"

    Will is great representation. He worked to have the charges against me reduced significantly!

    Randall V.
  • "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.
  • "Will is great."
    Will is great and really helped me during a time of need.
    Nathan A.
  • "He’s amazing, choose him."
    Will was the BEST choice that I could’ve made after my DWI. I was so scared, it was my first arrest and I felt extremely overwhelmed when it came to finding a lawyer. I met with large corporations thinking maybe with the resources they would be a better option. At the end of every conversation, I felt that Will had my best interest and was very honest. He is also a very friendly guy, I never felt judged, I was more of his friend. At the end of the day, all the warm feels are nice. But, he also got my case COMPLETELY dropped. No probation & no travel restrictions. He changed my life in a way that no Google review can capture. He’s amazing, choose him.
    Alissa H.