Skip to Content
The Law Office of Will Mitchell The Law Office of Will Mitchell
Free Consultations 512-858-8611
Top
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. 

Free Initial Consultation

Fill Out this Form to Schedule Today Or Give Us a Call at (512) 858-8611

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • "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
  • "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
  • "Highly knowledgeable with the utmost professionalism."
    Greatest Criminal Defense Attorney! Highly knowledgeable with the utmost professionalism. I was charged with a DWI 2. Attorney Will worked very hard for me and got it reduced to a DWI one, no probation, no fines, just court costs. I couldn’t ask for a better attorney!
    K.L.
  • "If needed, Will will be the first lawyer I contact to help me."
    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….he listened to me explain what I needed help on. 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.
    Julie on Google
  • "I will be forever grateful for his hard work."
    Will is not only an incredible attorney, he is an incredible person. He helped me through one of the toughest times of my life and took care of everything so I could calm down and focus on finishing what I needed to finish. He even had my DUI reduced to an obstruction of a highway! I will be forever grateful for his hard work, consistent communication, and incredible knowledge of the legal process. Thank you Will!
    A.C.
  • "I could not be happier."
    Thank you Will!!! I had charges filed on me and didn’t know were to turn. I contacted Will and he immediately set me mind at ease. He took a lot of time explaining each and every step that he would take to help me. Everything he told me from our first phone call was spot on. I would have paid more than his quote had I known he and his office staff were going to be this great. I highly recommend Will and have done so to my friends and family. I could not be happier.
    T.T. 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.
  • "He helped me take care of my case and I could not be happier."
    I had charges filed on me and had no idea what I was going to do. I contacted Will Mitchell’s law office and immediately felt better. Will talked to me on the phone and told me what to expect for the next 4 months. Everything he said was on point. He helped me take care of my case and I could not be happier. I highly recommend Will and his team.
    T.H. on Google