Brazoria County Marijuana Possession

Brazoria County Defense Attorney

Have you been charged with the possession of marijuana? Drug crimes in the state of Texas are considered very serious crimes, and possession of marijuana is no exception. Possessing marijuana is at least a misdemeanor criminal offense under Texas law.

Large fines and lengthy imprisonment can be the result of a possession conviction, as can consumption or selling of the controlled substance and/or drug paraphernalia. A conviction for possession of marijuana can also lead to some other hefty consequences and can result in the suspension of your driver’s license for up to one year, even if you get probation, and a permanent criminal record. In addition, college and graduate students can lose their student aid.

 

The amount of marijuana in your possession at the time of arrest will determine the penalties resulting in either misdemeanor or felony charges. The larger the amount, the more damaging the consequences you will face.

Brazoria County Drug Charges

While the state has passed some recent legislation legalizing marijuana with high CBD and low or no THC levels, it is for the treatment of severe seizure disorders and perhaps a few chronic diseases only, and that has some very strict requirements attached to it.

 

Whether you have been arrested for drug possession, find yourself fighting a DWI, or are trying to clear your name following an assault allegation, we are here to help. Call, text, or e-mail. Attorney Lopez is ready to answer your questions and concerns.

Brazoria County DWI Attorney

DWI In Brazoria County

Drinking and driving is not taken lightly in the state of Texas and can result in serious penalties. It doesn’t have to be the end of your career or life, however, if you retain an experienced attorney capable of handling your case. Brazoria County DWI

Each year roughly 90,000 men, women, and minors are arrested for a DWI or driving while intoxicated in Texas. This is a criminal offense which is oftentimes also referred to as driving under the influence (DUI).

According to NHTSA, the National Highway Traffic Safety Administrations, there have been about 1,400 drug and alcohol-related vehicle fatalities in the state of Texas since 2009. These stats rank Texas as a state with one of the highest amounts of alcohol and drug-related driving accidents in the nation. Brazoria County has its fair share of DWI arrests, as well. Find an attorney with experience that you can trust.

Brazoria County DWI Lawyer

If you were recently arrested in Brazoria County for drinking and driving, you should contact a criminal defense attorney immediately. The damage that alcohol and drug-related collisions can have on lives and property is immense and due to the potential for temporary and permanent damage. Experience matters. Lindsay R. Lopez, PLLC can make a difference in your experience with the Brazoria County Justice System.

Law Offices of Lindsay R. Lopez, PLLC  focuses on DWI and DUI arrests in the South East Texas area including, Harris County, Brazoria County, Fort Bend County, Montgomery County and more.

DWI Offenses in Brazoria County

In the penal code, there are quite a few different types of DWI offenses and enhancements that a person arrest for DUI in Brazoria County may face, including:

Whatever DWI/DUI related crime you may have been arrested for, you should not assume that going to court and pleading guilty is your only option. With an experienced DWI or DUI attorney in Brazoria County, you can remain out of jail and enjoy your freedom.

Brazoria County Defense Attorney

Brazoria County Defense Attorney

It is important to have an experienced attorney you can trust when trying to traverse your experience in the criminal justice system. Allow Lindsay Lopez to guide you along this process. If you’re looking for a Brazoria County Defense Attorney, Lindsay Lopez can assist you from arrest to dismissal.

Brazoria County Drug Charges

Brazoria County Drug Charges

With the changes in the laws involving marijuana, making any statement to a law enforcement officer regarding the substance in your possession may be the difference between going to jail or going home.

It is important to keep in mind that nearly every law enforcement officer is equipped with a body camera that is both visually and audibly recording your interaction to potentially be used as evidence against you during plea bargaining with the District Attorney’s office at a future bench or jury trial. The officer is aware of this and behaves accordingly…you should as well.

The mere presence around drugs is not enough to be found to possess an illegal substance. An individual has to knowingly possess them.

So then, what is possession of drugs?

What if your loved one is traveling in a car with marijuana in it and that car is pulled over….are they possessing marijuana in the car simply because they are riding in it?

Possession of a Controlled Substance – What makes a drug a felony vs a misdemeanor?

The Texas Health and Safety Code categorizes drugs according to how addictive they are considered and put them in certain schedules. Following this schedule, the same drugs are placed in penalty groups that mirror their addictiveness. The most addictive drugs: heroin, meth, and cocaine are all considered penalty group 1 drug under the Health and Safety Code.

These are some of the most common drugs:

Tramadol (Schedule 3)
Alprazolam / Xanax (Schedule 3)
Carisoprodol / Soma (Schedule 3)
Heroin (Schedule 1)
Methamphetamine (Schedule 1)
Cocaine (Schedule 1)
Oxycodone (Schedule 1)
Valium (Schedule 3)
Ritalin (Schedule 3)

Both the schedule of the drug and the weight of the drug determine the penalty or punishment range for the offense. For example, less than two ounces of marijuana is a class B misdemeanor while less than a gram of methamphetamine is a state jail felony. Both the drug and the weight play into the penalty range. There are certain circumstances where probation is mandatory for some drug offenses. It is extremely important to hire experienced defense counsel who knows the ins and outs of drug offenses and can protect your rights.

Accepting a conviction for a drug offense will result in an automatic suspension of your driver’s license in most situations. This is just one of the collateral consequences of a conviction for a drug offense. It is important to be aware of not only the conditions of any possible plea agreement but what could happen in your life afterward.

There are both misdemeanor and felony drug offenses:

Class C – Possession of Drug Paraphernalia (Marijuana pipe, etc.)

Class B – Possession of Marijuana <2oz Class A – Possession of a Controlled Substance State Jail Felony – Possession of Less Than a Gram of Cocaine 3rd Degree Felony – Possession of a Controlled Substance PG 1 1G-4G 2nd Degree Felony – Possession of a Controlled Substance PG 1 4G-200G 1st Degree Felony – Possession of a Controlled Substance PG 1 >= 400G

*The fact that there are drug offenses at every offense level makes it easier to negotiate cases downwards because there is always another drug offense one level down from wherever you are in the penalty range. Also, it is often the case that drugs are weighed while still packaged in a syringe or a plastic bag. Once removed from their packaging, it is sometimes the case that the drug weight is reduced enough to take the case down to a lower level penalty range….or at least arguably so…..

Drug Offense Enhancements

Drug charges can be enhanced in several ways. One of the most common ways drug charges are enhanced in when the case is charged, not as the defendant was just possessing the drug but the defendant was possessing the drug with the intent to manufacture/distribute the drug. If the offense is alleged in this way, the offense can be enhanced a felony-level upwards. For example, a second-degree felony would become a first-degree felony or a third-degree felony would become a second-degree felony.

 

 

Call the Law Office of Lindsay R. Lopez, PLLC at Phone: (409)539-8089