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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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  • "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.
  • "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 would recommend him to everyone!"

    Will is awesome!!! Great lawyer!! Super friendly, knowledgeable, and hands down the best lawyer to have on your case! Will and Olivia (his assistant) were always there to answer any questions I had about anything! He helped me with a payment plan, and he just really made the whole process way less stressful! I would recommend him to everyone! Thanks again, Will!!

    Whitney C.
  • "Will is great."
    Will is great and really helped me during a time of need.
    Nathan A.
  • "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
  • "His knowledge and poise in the courtroom helped to show that the charges were inaccurate."
    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
    R.N. on Google
  • "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.
  • "Because of his true compassion and integrity I would recommend this expert lawyer to anybody!!"
    Will Mitchell was very genuine when working my case. He went above and beyond to make sure I was treated fairly. He makes great effort to ease your mind by getting to the point. He gives a full run down of all possibilities and how he plans to help your situation. I always felt Will was on my side which provided great comfort. I never felt out of the loop or left wondering. Will Mitchell is a very grounded person with intellect and great understanding of both people and the judicial system. Because of his true compassion and integrity I would recommend this expert lawyer to anybody!!