Busted for Possession in Killeen? Here’s What to Do Next
Getting arrested for marijuana possession can be a frightening and confusing experience. Texas, in particular, has some of the strictest marijuana laws in the country. However, being arrested doesn’t mean you’re automatically guilty.
Here’s what to do after a marijuana possession arrest in Texas:
Stay calm and know your rights
Panic can cloud your judgment and lead to making mistakes. The first step is to take a deep breath and remember, you have rights. Do not resist arrest or argue with the officer. Politely decline to answer any questions about the alleged incident or the substances you may or may not have in your possession. Request to speak to a Killeen criminal defense lawyer as soon as possible. You have the right to remain silent, and it’s essential to exercise it.
Understand the charges
The specific charges you face will depend on the amount of marijuana allegedly found on you, your prior criminal history, and the circumstances of the arrest. Here’s a breakdown of potential charges in Texas:
- Possession of marijuana: Possession of over two ounces is a Class A misdemeanor, punishable by a fine of up to $4,000 and up to 180 days in jail.
- Possession of marijuana concentrate: Possession of any amount of concentrated THC (hash oil) is a felony, carrying a potential sentence of 2-10 years in prison and fines up to $10,000.
- Delivery of marijuana: Selling or distributing marijuana, even small quantities, is a felony with even harsher penalties.
Don’t consent to searches
The police generally need a warrant to search your person or property. If an officer asks for permission to search your car or belongings, politely decline and reiterate your request for an attorney. Without a warrant, police can only search if they have probable cause to believe you have committed a crime or are in the process of committing one.
Gather evidence (if possible)
While you shouldn’t interfere with the arrest, if possible, try to take note of the time, location, and the officers involved. If you see any other witnesses, try to get their names and contact information. This information can be valuable for your lawyer when building your defense.
Contact our Killeen criminal defense attorneys immediately:
This is the most important step. At Mary Beth Harrell Criminal Defense and DWI Lawyers, our experienced criminal defense attorneys in Killeen can be your advocates throughout the legal process. We can:
- Review the details of your arrest and identify any potential violations of your rights by law enforcement.
- Fight for the charges to be dropped based on insufficient evidence or improper police procedures.
- Negotiate a plea bargain if necessary to potentially reduce the severity of the charges.
- Represent you in court and ensure your voice is heard.
Don’t discuss your case on social media
Social media can be a tempting platform to vent your frustrations, but it’s important to avoid posting anything about your arrest. Anything you post can be used against you in court.
Prepare for court (if necessary)
If your case goes to court, our attorneys will guide you through the process. Be truthful and professional in your dealings with the court. Dress appropriately and arrive on time for all appearances.
Even if the charges are dismissed, a marijuana arrest can leave a mark on your record. Your lawyer can advise you on the possibility of getting the arrest expunged, which would effectively erase it from your record.
Facing a marijuana arrest can be stressful, but there are things you can do to protect yourself:
- Know the laws: While marijuana laws are changing, it’s crucial to understand the legal landscape in Texas regarding possession and use.
- Avoid high-risk situations: Be mindful of where you consume marijuana, especially in public places.
- Document medical marijuana use (if applicable): If you have a medical marijuana prescription, keep all relevant documentation readily available.
Why you want a Killeen marijuana defense lawyer on your side
A lawyer with experience in handling marijuana cases in Killeen is a valuable asset. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we are familiar with the local court procedures, the nuances of marijuana laws in the state, and the tactics often employed by prosecutors. This experience can make a significant difference in achieving a positive outcome for your case.
Even if the charges are dropped or you successfully complete a diversion program, a marijuana arrest can leave a mark on your record. Your lawyer can advise you on the possibility of expungement, a legal process that allows you to petition the court to have the arrest removed from your record. This can be beneficial for future job opportunities, housing applications, and other situations where a criminal record could be a barrier.
Being arrested for marijuana possession can be a confusing and overwhelming experience. Remember, you don’t have to navigate this alone. By contacting the skilled Killeen marijuana defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers, you can take control of the situation and fight for the best possible outcome. Our lawyers will be your advocates, guide you through the legal process, and protect your rights. To schedule a meeting with an experienced lawyer, call our offices or fill out our contact form. We maintain an additional office in Copperas Cove and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.
I’ve dedicated my legal career to defending my clients. I demand all the evidence. I investigate all the facts, the so-called witnesses and even the police officers. I make it my business to know the law. Cases can be won or lost before you even set foot inside the courtroom.
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