Today's blog is going to examine a thoroughly hypothetical situation where a Texan could suddenly find themselves in great need of a skillful and knowledgeable criminal defense attorney.
For the last few years, marijuana concentrates have been increasing in popularity. Unfortunately for those in Texas who are susceptible to trend-following, Texas doesn't look kindly on the possession of marijuana concentrates. Being caught in possession of any amount is considered a felony offense. That means that even if you just have a tiny dab in your pocket to try, thanks to a generous friend, you could be looking at a criminal record that will haunt you for the rest of your life. If you're facing criminal charges for hash, BHO (butane hash oil) or other marijuana concentrates, you need an attorney.
Although Texas has yet to legalize recreational marijuana use, the national trend is leaning in that direction. Many states have legalized marijuana for either medical or recreational use, creating interesting legal scenarios for states that are dragging their feet on the process.
Many people who cultivate, or grow, marijuana in their home or another facility do so to treat a medical condition. In some cases, that condition could be a severe health issue, like childhood epilepsy in one of their children. In others, the person growing the marijuana is the one with the medical condition. Unfortunately, the state of Texas has highly restrictive rules on the use of medical marijuana, and the average marijuana plant will have too much THC to be considered medicinal under state law.
A routine traffic stop by a police officer in New Braunfels did not end well for the driver of the vehicle and his passenger. The discovery by the officer of an active warrant for the passenger led to a search of the 24-year-old man and the filing of marijuana charges. The driver did not fare much better. His refusal to stop his car immediately when the officer signaled him to pull over earned him a fleeing charge. The names given to criminal charges can be misleading. Take, for example, the fleeing charge against the driver of the car. Images of a high-speed chase through the streets of New Braunfels come to mind, but a slowly moving vehicle traveling for a block or two is what police allege occurred. A judge or jury will have to decide if the facts as proven by the evidence establish that the driver committed the misdemeanor offense of eluding or fleeing from a police officer.
Following a 2005 feud with a fellow rapper that included gunshots and a negotiated truce, Houston, Texas, rapper Lil' Flip dropped out of the public spotlight. That ended recently with his arrest on drug possession and weapons charges.The rapper's recent troubles began when he was stopped for speeding. Police arrested him after they claim to have found an assault rifle and marijuana in the car he was driving. His passenger was also arrested and charged with possession of a weapon by a convicted felon. The charges filed against the rapper were third-offense possession of marijuana, speeding and possession of a firearm in the presence of a controlled dangerous substance.
Experienced criminal defense attorneys know that sometimes a guilty plea can be the most effective result for their clients charged with drug offenses. Drug possession, drug trafficking, drug delivery and drug manufacturing offenses subject the offender to penalties that may include a prison sentence, probation supervision and monetary fines. Three Texas Christian University football players arrested as part of a police drug investigation earlier this year recently avoided prison by pleading guilty to marijuana charges.The three TCU students who were arrested in February, as we wrote about on this blog, as part of a police drug investigation pled guilty recently in Tarrant County to drug delivery charges involving marijuana. The three men faced imprisonment if they had been tried and convicted of the original charges. By pleading guilty, the three were sentenced to deferred adjudication probation and ordered to pay fines ranging from $1,200.
In recent years, marijuana has gained a reputation as a "soft drug." However, this doesn't mean that law enforcement treats marijuana crimes -- especially those involving significant quantities of the drug -- any less seriously.