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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, finding 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 the 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 the 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 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
  • "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
  • "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
  • "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.
    Craig
  • "I would highly recommend Will as he will fight for you."
    Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage. I did test over .08 so I chose not to go to trial but there were a few other factors with my case compelling the prosecution to lower my penalties and probation to 15mo; at which time my obstruction charge will also be dismissed. I was able to take care of all my classes, evals, and community service prior to ever seeing the judge so I think that helped my case. Will and Olivia were eager to help me understand what was happening and answered all my calls and emails very promptly. I would highly recommend Will as he will fight for you.
    Todd
  • "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 can't say enough amazing things about Will Mitchell."
    I can't say enough amazing things about Will Mitchell. My case was dismissed (I didn't think we had a shot) and now just signed a petition for it to be removed for good. I'm typically a little over-amped with my thoughts in general, and he was very responsive and always had calming things to say! I felt I could reach him regarding any little question, and he was always happy to help. I'm still blown away that he was able to get the DWI dismissed, and now off my record. He's a fantastic lawyer, and I'm so happy I chose him!
    Alissa H.
  • "Will is great."
    Will is great and really helped me during a time of need.
    Nathan A.