GROWING ACCEPTANCE
While Marijuana is becoming more accepted in today’s society and has even been legalized or decriminalized in many states; a Possession of Marijuana charge in Bexar County may leave you financially frustrated.
The Bexar County District Attorney’s office actively prosecutes people who are found in Possession of Marijuana. These cases, unfortunately, are not very hard for the state to prove because usually the person accused of possessing the drug either (1) admits to the officer that he has marijuana, (2) consents to the officer searching their person or vehicle, or (3) an officer legally searches a person or a vehicle either by doing a weapons check or because they say they “smell” the odor of marijuana.
THE CHARGE
Possession of Marijuana 0-2 ounces is a Class B Misdemeanor, punishable with up to a $2000 fine and up to 180 days in the Bexar County jail. If you happen to get caught possessing less than 2 ounces of marijuana in a school zone (even if you are there when school is not in session or because the police officer pulled your vehicle over in a school zone) the charge increases to a Class A Misdemeanor with a fine of up to $4000 and a possibility of up to 365 days in the Bexar County jail.
THE OUTCOME
Since the State usually can easily prove these cases and because many people do not want to risk a jury giving them a not guilty verdict based on jury nullification alone; defendants usually plead to what is called a one day deferred adjudication. This is where before a court date the defendant will pay a fine (usually $200 - $300), court costs (around $317), either work 24 hours of community service or make a $174 donation to the San Antonio Food Bank, and take a drug class (cost of around $150). Then they go in front of the judge and ask the judge to dismiss their case. This type of plea will cost a defendant around $900! That’s not including an attorney’s fee if you have hired one to represent you. However, even with the case being dismissed the arrest for Possession of Marijuana will still be on your record for all to see. In order to get a non-disclosure to hide the arrest from certain individuals you must pay an attorney anywhere between $1500 - $3000 to process your application for a non-disclosure. In short a Possession of Marijuana charges can hurt you financially.
In some circumstances a one day deferred adjudication probation is not the best choice for a defendant. For some people a program called pre-trial diversion will make it easier to avoid the judgment that may come along from schools and employers who can still see a person’s arrest history despite a non-disclosure. This program usually costs a defendant around $1500 and the expunction to hide the arrest afterwards costs more than the non-disclosure.
If you cannot afford pay the money and just want to take a conviction on your record this can cause you to be ineligible for certain jobs, make it harder to get accepted into the military, make you ineligible for certain types of government assistance, as well as making it more difficult for you to find housing.
CONTACT US
At the Christiansen Law Firm we investigate each Possession of Marijuana case to see if there is a legitimate suppression issue that will get the case dismissed without our clients having to pay any county fees or court costs. If this is not possible we explain the various options to our clients and help them choose an option that is the best possible outcome for them. Also, our firm is always willing to take every case to trial if that is what the client wants. If you have been charged with Possession of Marijuana contact our firm immediately to schedule a free consultation.