POM, or Possession of Marijuana is a criminal offense in Texas for possessing marijuana. The offense does not require ownership of the marijuana, or even prof that it's yours. The prosecutors merely must prove that a person had knowledge of and control over the marijuana. Which means if the marijuana is in a backpack at a persons feet, or in a center console of a car, it's the same as if the marijuana were in the person's pocket.
(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
If the amount of Marijuana is less than two ounces, then it's a Class B Misdemeanor, which is punishable by a maximum of six months in jail and/or $2,000 in fines. Between 2 ounces and 4 ounces is a Class A Misdemeanor, which is punishable by a maximum of 12 months in jail and/or $4,000 in fines. Over 4 ounces of Marijuana is a felony.
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Jailable, No more than $500 fines|
|Class B Misdemeanor||Not more than 180 days in a county jail, and/or no more than $2,000 fines|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
|State jail felony||180 days to 2 years in a state jail, and/or no more than $10,000 fines|
|3rd Degree Felony||2-10 Years in Prison, and/or no more than $10,000 fines|
The Keates Law Firm has over 10+ Years Experience handling Possession of Marjuana cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail. This includes Motions to Suppress, Motions to Exclude Evidence based on Invalid Searches or Miranda Right Violations, and Probable Cause determinations.
Here are some of the benefits of hiring Keates Law Firm:
With any marijuana offense, if the case ends with a final conviction, then the person loses their driver's license (or the ability to get a license) for six months. The driver's license will not be reinstated or valid again until the person completes the Drug Offender Education Program (DOEP), even if it's been longer than six months.
Lastly, a conviction for Possession of Marijuana can have effects on student financial aid, since it is considered a Drug Conviction, and may have to be disclosed on FAFSA forms or private funding institutes.
With any POM case, you can expect (or should expect) your attorney to conduct a detailed analysis of the case for any illegal search or illegal detention issues. If the officer did not properly conduct a lawful search when discovering the marijuana, there may be Supression Motion issues that could help or dismiss the case.
"... He was more than prepared and encouraged going to trial. Robert has truly surpassed all expectations and I highly recommend his services! ... -Laura (Google Review) - More Testimonials
For first time offenders, even if the POM is easily proven by the prosecutor (for instance, if there are no Suppression Motion or Jury Trial issues), we can still try to avoid a conviction on your record. Call us to discuss the chances of Dismissing your POM case.
Also, if the marijuana is within a school zone or a park then the offense can be enhanced to a more serious offense (for instance, from a Class B to a Class A Misdemeanor).
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