I was charged over spring break for possession under 2oz. I have court in 2 weeks and I was curious if anyone else here has had a similar charge in Texas and what I should do. I have a clean record otherwise and I am currently a full time college student. Thanks
There are many factors that come into sentencing such as prior convictions, addiction recovery classes, etc. If this is your first arrest you will most assuredly gain probation and drug counseling.
Texas has a reputation as being extremely hard on drug use and possession, and it is well earned. Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail.
Like many other states, Texas divies up punishments based on the weight of the drug possessed or sold. The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine. However, if you have no prior felony convictions and are arrested with up to a pound, a Texas judge must impose a sentence of probation with drug treatment (for a duration at the judges discretion). The judge can also waive the fines, in this case.
That is where the leniency ends, however. For the possession of 1 - 5 lbs, there is no probation, and a minimum sentence of 6 months will be imposed. This will also be considered a "state jail felony," (which is a Texan creation meant to help with prison over-crowding). This means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.
After the five pound limit, the court will assume you are a major trafficker, and the penalties increase rapidly (these felonies are not of the "state-jail" variety):
5 - 50 lbs: 2 - 10 years, $10,000 fine
50 lbs - 1 ton: 2 - 20 years, $10,000 fine
1 ton+ : 5 - 99 years, $50,000 fine
I hope this helps and try googling Texas Marijuana Laws
I appreciate the recognition and always anxiously waiting to hearing something good come from your situation...I just hope it is soon when the new year comes so you can move forward with your life and put your energy and focus on your children(I know you already do, it will just be better for your whole family life when it is over)...It amazes me that you have stayed strong through all of it this long, i would have lost my mind and possibly burst out obscenities in court by now!!! As a man, you can only handle so much bullshit before he snaps...You should be proud for holding it together this long and standing by what you know is right and not settling for some silly plea bargain...