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Possession of Marijuana

Austin Marijuana Possession Defense Attorney

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A conviction for marijuana possession in Texas can result in a jail or prison sentence, a fine, and a criminal record that can make getting a job, find a place to live, or living a normal life difficult. Therefore, having an experienced criminal defense attorney on your side is the best way to help you avoid serious criminal penalties.

If you or a loved one are facing marijuana possession charges in Travis County or Central Texas, The Law Office of Will Mitchell has more than 18 years of experience handling a variety of drug possession charges. Our Austin marijuana possession defense lawyer can thoroughly review your case, figure out all your legal options, and provide an effective and personalized defense strategy to help you avoid conviction or serving time behind bars.

To schedule a free consultation, contact us today at (512) 858-8611. 

Marijuana Possession Laws in Texas

Possession of Marijuana (POM) charges in Austin, and all over Texas, are one of the most common cases (behind only Driving While License Invalid) that Attorney Will Mitchell sees as a criminal defense lawyer. Like controlled substances, POM penalties range according to the weight found. Felony possession occurs at a weight greater than 4 ounces. Anything under that, the POM is a misdemeanor.

In Austin, it is common for the police to issue “cite and release” notices for misdemeanor level POMs. A “cite and release” notice allows the person to avoid arrest and report to a Judge at a scheduled date and time to go through booking process, bond out, and receive an actual court date all within a few hours, rather than spend a night in jail.

This is a discretionary policy and is not required. Many people receive these “cite and release” and ignore the court date information or simply don’t follow the instructions. It is not a ticket you can just call and pay if you don’t make it to the court date. You must report in person on or before the date on the notice.

What makes this confusing is the notice itself looks exactly like a speeding ticket or any other citation you receive. It is carbon copied, thin paper, and displays all the pertinent information in the same form and fashion.

If a person does not follow the instructions on the notice, an arrest warrant is immediately issued, and he or she will be arrested and go through the entire bond process as if they had been arrested on the spot at time the notice issued. Once you have completed the cite and release portion, you receive a court date in county court.

How a Criminal Defense Attorney Can Help

As with any criminal charge, you should hire a knowledgeable criminal lawyer to represent you if you receive a “cite and release” or are arrested for POM. Simply because you were not arrested at the scene, it does not mean it is not serious with no collateral consequences. POM convictions carry driver’s license suspensions, and student loan issues.

You should never consent to the search of your home, person, or vehicle. If an officer has probable cause to search you or your home, then they can get a warrant. If police want to search your vehicle, they must have probable cause, and APD has a policy requiring their officer to receive written consent if no probable cause to search.

Don’t sign anything unless it’s a notice to appear. Please fill out the contact form if you or someone you know is in one of these situations and needs to speak with a lawyer.

Call us today at (512) 858-8611 to learn how we can fight for you. 

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  • "Very competent and dependable."

    Will is a very competent and dependable attorney.

    Eljavier C.
  • "I would hire him immediately. Great lawyer, five stars."
    Will Mitchell was friendly, courteous, respectful, and while I always felt welcome to ask questions about my case or even chat about the weather, he never wasted either of our time. He clearly explained the convoluted issues I was facing and how we were going to resolve them, and gave me all the information I needed about the process before I hired him so I could make an informed decision about how I was spending my money. He kept my priorities in mind and worked with me on my financial constraints while being clear on what my money would buy me. But best of all I always got friendly updates on what was happening so I was up to date on my legal status. I hope to never need him again but if I ever find myself in a clusterfuck of unpaid tickets I would hire him immediately. Great lawyer, five stars.
    Damianne
  • "He’s amazing, choose him."
    Will was the BEST choice that I could’ve made after my DWI. I was so scared, it was my first arrest and I felt extremely overwhelmed when it came to finding a lawyer. I met with large corporations thinking maybe with the resources they would be a better option. At the end of every conversation, I felt that Will had my best interest and was very honest. He is also a very friendly guy, I never felt judged, I was more of his friend. At the end of the day, all the warm feels are nice. But, he also got my case COMPLETELY dropped. No probation & no travel restrictions. He changed my life in a way that no Google review can capture. He’s amazing, choose him.
    Alissa H.
  • "Absolutely recommend!!!"
    Will AND Olivia are both amazing. They will work hard for you and are very detail-oriented and actually care about their clients. Will recommended me to a drug and alcohol treatment center and have been sober ever since (2 + years). I probably wouldn’t be where I am if it weren’t for will and Olivia. Thank y’all again for y'alls hard work a dedication! Absolutely recommend!!! Treatment center: BRC Recovery
    Aaron T.
  • "Highly knowledgeable with the utmost professionalism."
    Greatest Criminal Defense Attorney! Highly knowledgeable with the utmost professionalism. I was charged with a DWI 2. Attorney Will worked very hard for me and got it reduced to a DWI one, no probation, no fines, just court costs. I couldn’t ask for a better attorney!
    K.L.
  • "You are in good hands with Will Mitchell."
    Will Mitchell handled my case swiftly, intelligently and was very diligent about getting it resolved in a professional manner. I was very upfront about the circumstances and what he thought I should expect and I appreciated his no BS approach. Candor is imperative when you are dealing with a potentially life changing situation. I would recommend him and have to everyone I know. You are in good hands with Will Mitchell.
    Ross
  • "Will is great."
    Will is great and really helped me during a time of need.
    Nathan A.
  • "He has the knowledge and patience to come up with a personalized plan of action."
    Attorney Will Mitchell can help! Expedient, Professional, and just a good guy to talk to when the chips are down. He has the knowledge and patience to come up with a personalized plan of action.
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