This is the third post to our blog series on Handling Criminal Cases Involving Marijuana Charges in Houston, Texas. My second post focuses on what to expect during a first court appearance. In this post, we focus on some general criminal defense options in handling possession charges in Texas.
A possession marijuana attorney has many strategic options when defending a marijuana possession charge. However, if you are faced with such a charge, generally speaking, you have three basic options: (1) plead guilty to your marijuana possession charge and take a conviction, (2) enter a plea agreement in an effort to avoid conviction or jail, and (3) fight the charge to trial.
Convictions and Plea Agreements Both Require an Admission of Guilt In Texas
A plea agreement is essentially a contract. Prosecutors and criminal defense attorneys negotiate terms of how to dispose of a case. Plea agreements relating to marijuana possession charges vary per case. However, regardless of the terms of your plea, if you plead guilty, the Judge will require that you admit guilt and may require you to recount facts relating to your guilt; a modern-day tarring and feathering in open court of minor offenders. Taking a conviction on a possession of marijuana change brands you and can have life lasting consequences. Entering into a plea bargain agreement allows a marijuana lawyer to negotiate a specific punishment in exchange for your admission. Remember, a plea agreement still requires admitting guilt and almost always include additional requirements such as staying out of trouble, no use of illegal substances or intoxicants, community service, fines, fees, drug offender classes, random drug tests, and many more. Also, failing a drug test or any other condition could result in early termination, additional violations, extra fees, and many other negative consequences. Consult a marijuana lawyer prior to pleading to any marijuana charge.
Fighting a Marijuana Possession Charge And Going to Trial in Texas
Instead of taking a plea deal on a marijuana possession charge, some individuals elect to fight the charges and go to trial. This Texas marijuana blog will cover Fighting a Marijuana Possession Charge in Trial more thoroughly in a different post, but here is some food for thought. You have an absolute right to fight the charge, but is it smart to always fight simply because you have the right to? Not always. Whether to take a marijuana possession charge to trial depends on the facts of the case. There could be any number of reasons to take your case to trial—no reasonable suspicion, no probable cause, unlawfully obtained confession, no affirmative link, lack of consent, etc.—but would you know without contacting a marijuana attorney?
To more effectively understand some options for handling possession of marijuana charges, contact a Houston criminal defense attorney and tell us about the facts of your case.