San Antonio POM Defense Attorneys
Have You Been Charged with Possession of Marijuana?
Possession of marijuana (POM) is defined under Texas law as knowingly or intentionally possessing a usable quantity of marijuana at a specific time and place. The law further defines possession as controlling, managing, taking custody of, or caring for something. Depending on the amount of marijuana found in your possession, you will be facing either a misdemeanor or felony charge in Texas. A conviction will result in having a permanent criminal record that can be problematic for your future.
If you have been charged for possession of marijuana in Texas, our San Antonio POM defense lawyers can help. We have a history of successful results. With a former prosecutor on our legal team, we have an in-depth knowledge of how the State of Texas prosecutes criminal cases. We can use that knowledge and all of the legal skills and resources we have developed over the years to help you seek a favorable outcome.
Contact Smith & Vinson Law Firm to arrange a free initial consultation about your drug possession case. Call (210) 960-9557 today to speak with a marijuana lawyer near you.
Possession of Marijuana Cases in Texas
POM charges are based on the weight of marijuana found in your possession.
Below are examples of how the quantity affects POM charges:
- A possession of less than two ounces is charged as a Class B misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000
- A possession of two to four ounces is charged as a Class A misdemeanor, punishable by up to one year in jail and/or a fine of up to $4,000
- A possession of more than four ounces is charged as a state jail felony punishable by a mandatory minimum sentence
Many POM cases are based on small quantities held by a person for recreational use. With the help of our Texas criminal defense attorneys, these types of cases can often be settled with less harsh penalties, such as probation or drug treatment programs, or they may even be dismissed.
Possession of Drug Paraphernalia in Texas
Drug paraphernalia refers to items used to package, process, or use a drug. In marijuana cases, paraphernalia can include items such as pipes and bongs. Even innocuous household items like baggies, scales, spoons, or envelopes can be labeled as paraphernalia. Sometimes, an individual arrested for POM can also be charged with possession of drug paraphernalia, which is classified as a Class C misdemeanor, punishable by a fine of up to $500.
Why Choose Smith & Vinson?
Choosing the right legal representation can significantly impact the outcome of your case. Here’s why Smith & Vinson should be your first choice:
- Expertise in Marijuana Law: Our San Antonio possession of marijuana lawyers have extensive experience and in-depth knowledge of Texas marijuana laws. We stay current with legal developments to provide the most effective defense.
- Personalized Attention: We believe in treating our clients as individuals, not just case numbers. We take the time to understand your unique circumstances and craft a defense strategy that fits your needs.
- Aggressive Advocacy: We are dedicated advocates who fight tirelessly for our clients. Our goal is to protect your rights and achieve the best possible results in your case.
- Compassionate Support: We understand the stress and uncertainty that come with facing criminal charges. Our team of marijuana drug possession lawyers provide compassionate support and clear communication throughout the legal process.
Talk to Our Experienced San Antonio Marijuana Possession Attorneys
When facing any type of marijuana charges in Texas, whether for simple possession or cultivation, having experienced legal representation is critical to building an effective defense. Our experienced legal team can help you when facing an overwhelming legal process that is pitted against you. At Smith & Vinson Law Firm, our San Antonio marijuana possession lawyers will fight for you and work tirelessly to protect your rights and freedom.
If you or a loved one is facing marijuana possession charges in San Antonio, it’s crucial to seek legal assistance as soon as possible. Contact Smith & Vinson today for a free consultation. Our experienced Texas marijuana drug possession lawyers are ready to stand by your side and defend your rights.
Call us at (210) 960-9557 today to speak with a marijuana possession lawyer near you.
Our Comprehensive POM Defense Strategies
At Smith & Vinson, we understand that every marijuana possession case is unique. Our team employs a variety of defense strategies tailored to the specifics of your situation. These may include:
- Challenging the Search and Seizure: We scrutinize the details of your arrest to determine if your constitutional rights were violated. If the search and seizure were unlawful, we work to have the evidence suppressed.
- Questioning the Evidence: We meticulously examine the evidence against you, looking for inconsistencies or procedural errors that could weaken the prosecution’s case.
- Plea Negotiations: When appropriate, we negotiate with prosecutors to reduce charges or penalties, seeking alternatives such as diversion programs or probation instead of jail time.
- Trial Defense: If your case goes to trial, our experienced litigators provide a vigorous defense, presenting compelling arguments and evidence to support your innocence or mitigate your culpability.
Facing marijuana possession charges in San Antonio can be a daunting and stressful experience. At Smith & Vinson, our dedicated marijuana drug possession lawyers are committed to providing exceptional legal defense to those accused of marijuana possession. With our deep knowledge of Texas drug laws and our client-focused approach, we strive to achieve the best possible outcomes for our clients.
Call us at (210) 960-9557 today to speak with a marijuana possession attorney near you.
Texas Marijuana Possession FAQ
What should I do if I am arrested for marijuana possession in San Antonio?
If you are arrested for marijuana possession in Texas, remain calm and exercise your right to remain silent. Do not provide any statements to law enforcement without an attorney present. Contact Smith & Vinson as soon as possible to discuss your case with an experienced lawyer.
Can I be charged with a felony for marijuana possession in Texas?
Yes, possession of more than 4 ounces of marijuana is considered a felony in Texas. The penalties increase with the amount of marijuana possessed, potentially leading to significant fines and lengthy prison sentences.
Is medical marijuana legal in Texas?
Texas has a limited medical marijuana program, allowing the use of low-THC cannabis for certain medical conditions. However, possession of marijuana outside the strict guidelines of this program can still lead to criminal charges.
How can Smith & Vinson help me with my marijuana possession case?
Our experienced attorneys will analyze every detail of your case, challenge any unlawful searches or seizures, question the evidence, and develop a strong defense strategy tailored to your specific situation. We aim to protect your rights and achieve the best possible outcome for your case.
What are the potential defenses against marijuana possession charges?
Potential defenses include challenging the legality of the search and seizure, questioning the chain of custody of the evidence, demonstrating a lack of intent to possess, and proving that the marijuana belonged to someone else. Our attorneys will identify the most effective defense based on the specifics of your case.
How can a marijuana possession conviction affect my future?
A conviction can result in fines, jail time, and a permanent criminal record, which may impact your employment opportunities, housing options, and educational prospects. It is crucial to have a skilled attorney to help mitigate these potential consequences.
How soon should I contact an POM attorney after being charged?
You should contact a marijuana possession attorney immediately after being charged. Early legal intervention can significantly improve the chances of a favorable outcome by ensuring that your rights are protected from the outset and that a strong defense strategy is developed promptly.
Our Clients Are Our Biggest Endorsers
Hear What They Have to Say
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Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.- Michael
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Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support- Andrew
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They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.- Elmer Marqueiz
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Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.- Manuel R.
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed Aggravated Robbery
Our client was accused of robbing another person at gunpoint for some sneakers along with a co-defendant and getaway driver. We investigated the evidence and discovered that it was the co-defendant who arranged for the purchase of the sneakers, and that surveillance video disproved the State’s theory that a gun was brandished or that our client knew what was going on.
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No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.
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Felony Rejected Pre-Indictment Aggravated Assault with a Deadly Weapon and Interference with a 911 Call
Our client’s girlfriend’s car was being repossessed. Our client had belongings in the car, including his work equipment and his firearm. Our client attempted to get his belongings out of the car before it was being towed away. The tow driver accused our client of threatening him with the gun our client was retrieving while he was on 911 with the police.
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Dismissed DWI
Our client left 6 th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer. The Prosecutor was initially unwilling to negotiate, but we found favorable evidence on the dash cam video, which lead us to question the validity of our client’s consent to take a breathalyzer test.
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Charges Dismissed Sexual Assault
Our client met a woman on a dating app who claimed that she was sexually assaulted. We assisted our client in interviewing with the police. He was facing up to 20 years in prison and lifetime sex offender registration. After Smith and Vinson's thorough review of the case and careful negotiations, the case against him was dismissed by the District Attorney's Office.