Possession of Marijuana Attorney in Austin

What is Possession of Marijuana?

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.


Sec. 481.121. POSSESSION OF MARIHUANA.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.


What are the Punishments for Possession of Marijuana?

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.


Penalties for Marijuana
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

Why Choose Us:

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How We Can Help

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:

  • Free Case Consultations
  • Payment Plans available
  • Transparent Fees - No Unexpected Fees!
  • Robert handles your case, not a junior lawyer
  • Direct Access to Attorney's Cell and Email
  • We Treat Clients like Family!


Why You Need Your Marijuana Case Dismissed!

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.


Some of the Keates Law Firm’s proven results include:


  • Possession of Marijuana: Dismissed
  • Harassment Offense: Jury Trial: NOT GUILTY
  • Felony Possession of Marijuana/Hashish Dismissed
  • DWI 2nd (Drugs): Dismissed
  • DWI (Alcohol and Drugs): Dismissed
  • Felony Theft of Stolen Property: Dismissed
  • Assault, Bodily Injury: Jury Trial: NOT GUILTY
  • See More Results!


What can I expect with Possession of Marijuana?

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.


What Our Clients are Saying

"... 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

Possession of Marijuana Priors & More Information

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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