Texas’ criminal code punishes marijuana-related crimes harshly, even for simple possession of small amounts. If you want to mount a strong defense against your charges, the Houston criminal defense attorneys at Walter J. Pink & Associates, PC, have the knowledge and skills to help.
We have acquired over 50 years of experience across three generations and over 25,000 cases. Find out what our legal team can do for you. Call us at (713) 664-6651 to schedule your free consultation today.
Why Hire Walter J. Pink & Associates, PC?
Just like marijuana charges, no two criminal defense firms are the same. Consider our team to represent your case if you want a legal team that offers:
- Experience —Our firm has represented over 25,000 cases!
- Results —Clients rave about their experience and results with us.
- Strategies —We will find a viable path to your goals and contingencies.
We Defend Felony & Misdemeanor Marijuana Charges In Houston
It is illegal to possess marijuana under the Texas Controlled Substances Act. The exception to this rule is if you carry a valid medical license per the Compassionate Use Act. You will face jail, fines, and other potential consequences if convicted.
If were wrongfully charged with drug possession, contact a Houston drug crime defense lawyer to pursue legal action today. Walter J. Pink & Associates, PC builds strong defenses against the following types of marijuana charges and their maximum penalties:
Misdemeanor Marijuana Charges:
- Falsifying a drug test (180 days in jail and $2,000 in fines)
- Possession of drug paraphernalia (One year in jail and $4,000 in fines)
- Possession of flowers (One year in jail and $2,000 in fines)
- Possession with intent to distribute (One year of jail and $4,000 in fines)
Felony Marijuana Charges:
- Manufacturing or delivery of THC concentrate/extract (Life imprisonment and $10,000 in fines)
- Possession in a Drug-Free Zone (Life imprisonment and $50,000 in fines)
- Possession of flower (Life imprisonment and $10,000 in fines)
- Possession of THC concentrate/extract (Life imprisonment and $50,000 in fines)
- Possession with intent to distribute (99 years imprisonment and $100,000 in fines)
- Selling paraphernalia (Two years imprisonment and $50,000 in fines)
Note: Penalties will increase if aggravating factors or minor-aged children were present.
Your Marijuana Charges Are Defensible
Remember, you are innocent until proven guilty. If you hire us to represent your case, we will investigate every shred of discoverable evidence while holding the system accountable to your rights. After a thorough case review, our legal team might recommend one of the following defenses:
- Lack of knowledge
- Constitutional rights violations
- Medical necessity
- Lack of intent to distribute
- Lack of intent to deliver
- Unlawful traffic stop
- Unlawful arrest
- Lack of reasonable suspicion or probable cause
- Challenging DWI tests: If you were charged with a DWI, contact a
- Houston DWI lawyer
- today.
- Other admissible defenses
Walter J. Pink & Associates, PC understands that some cases are more challenging to defend than others. Regardless of how
you decide to handle your case, whether at a jury trial or through a negotiated agreement, we will stand by your side throughout the legal process.
Are There Differences in Penalties for First-Time and Repeat Marijuana Possession Offenses in Houston?
The penalties for repeat marijuana possession convictions are more severe than those who are first-time offenders. If you are a first-time offender, the extent of the charges against you will depend on how much marijuana you are accused of having in your possession. Typically, possession of less than 2 ounces of marijuana would be considered a class B misdemeanor according to Tex. Penal Code Ann. § 12.22. If convicted, you could spend up to 180 days in jail and pay up to $2,000 in fines.
However, if you have a class A or B misdemeanor conviction on your record, if you were charged with possession of less than 2 ounces of marijuana, or have any felony conviction on your record, you would be facing enhanced sentencing as described under Tex. Penal Code Ann. § 12.42. Not only would you be facing additional fines, but there would be a mandatory minimum 30-day jail term.
Can Marijuana Possession Charges be Expunged From My Record in Houston?
You may be wondering whether you should plead guilty to the charges against you and get your record expunged later. However, you may not qualify for expungement if you plead guilty to marijuana possession. Instead, it may be in your best interest to work out a plea agreement or enroll in deferred adjudication or pretrial diversion by working with the district attorney.
If you complete deferred adjudication or pretrial diversion or meet other expungement eligibility requirements, your record could be effectively erased. While your criminal record will remain available for government officials and the judicial system, when prospective employers, landlords, and other public parties run your background check, it will not appear.
Marijuana possession charges may be eligible for expungement. The following requirements must be met for your petition to be considered:
- You were found not guilty at trial
- You were arrested but no charges were filed
- The charges against you were dismissed
- You completed deferred adjudication
- The statute of limitations for the crime has expired
- You completed a pretrial diversion program
- You fulfilled the terms of your sentence
- You do not have any pending criminal charges
Your Houston marijuana possession attorney can review the circumstances of your case to determine whether you meet the eligibility requirements. If you do, our team can prepare and file your expungement petition. From there, we will need to attend a hearing where, if the judge agrees to issue an order of expunction, your petition should be granted. From there, we can submit your order of expunction to the necessary agencies to get your record expunged.
When Should I Hire a Marijuana Possession Lawyer in Houston?
As soon as you find out you are being investigated for marijuana possession, you should get a reputable criminal defense lawyer on your side. Sometimes, marijuana possession charges can come during a routine traffic stop. Other times, law enforcement officials may accuse you of manufacturing or trafficking marijuana, depending on the amount of cannabis found in your possession.
You are going to want a marijuana possession attorney in Houston from Walter J. Pink & Associates, PC working for you as soon as possible. Do not say anything to law enforcement officials at this time, except to tell them that you would like to exercise your right to an attorney. You can also tell police that you are going to be exercising your right to remain silent.
Our team can meet you at the scene of your traffic stop or the Houston Police Department, depending on how quickly you contact us for help. Whether you are a first-time offender or have prior convictions on your record, having a criminal defense attorney protecting your rights could make all the difference in the outcome of your case.
Free Consultation With Our Houston Marijuana Defense Lawyer
Do not pay for unproven marijuana charges. Our experienced and dedicated Houston marijuana defense attorneys are ready to help. Call (713) 664-6651 or message us privately to schedule your free consultation with Walter J. Pink & Associates, PC, today.