Marijuana is legal in some states now, but not here in Texas. Until that occurs, its mere possession is a crime. The level of the crime depends on how much marijuana you actually have. Even the active agent in marijuana, THC, is illegal to possess.
So, what does this mean to all those out there who use this drug? First—watch out. This is not Colorado or California. Texas cops don’t mess around when they find this on you. They will absolutely arrest you for it, and the prosecutor will charge you for it. What is important for you to know is that all is not lost if you are caught with marijuana.
At The Báez Law Firm, we look at possession charges very seriously. We analyze how exactly the police officer found out that you were possession of marijuana. We go through the facts to see if there was a traffic stop, and if that stop was based on permissible Texas traffic code. If not, in all likelihood, we will recommend filing a suppression hearing.
A suppression hearings purpose is exactly what it says—to suppress something. That something is the marijuana that was found by the police department. If they can’t enter the marijuana into evidence then there is no case of possession of marijuana against you. This means you win and the prosecutor loses! Every case is different, so a suppression hearing may not be the right call for you, but you can rest assured that here at The Baez Law Firm, we are looking out for your rights!
It is also important to know what the continuity of evidence is in a possession case. Any problems with it could be very beneficial to your case. The only way to follow up on this issue is to trace the chain of custody. Our attorneys at The Baez Law Firm always approach a possession case to see how the marijuana was collected, stored, and eventually transported and tested. If there is a problem with that chronological event, you can bet our attorneys are on top of it!
Perhaps the laws in Texas will change, but until they do marijuana is illegal. So if you are caught with marijuana on your person or in your vehicle, call an experienced attorney. Call The Báez Law Firm today!