If you've been accused of any type of drug charge, from possession of marijuana, ecstacy, methamphetamine, to possession of cocaine with intent to distribute, you need an attorney who understands what needs to be done to protect your rights.
The most common drug charge in Williamson County is possession of marijuana less than two ounces, commonly referred to as POM. Most people accused of POM have generally been found with small amounts of marijuana for what is presumed to be for personal use. The drugs are often found during traffic stops that involve either consentual or probable cause searches. If charged with a Class B Misdemeanor, possible consequences include up to 180 days in jail and a fine up to $2000. In addition, a statutory 180 day driver's license suspension is imposed on a drug conviction.
Possession of Marijuana § 481.121 (CSA)
Under § 481.121 of the Texas Contolled Substances Act, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana.
An offense under this section is a Class B Misdemeanor if the amount of marijuana possessed is two ounces or less;
A Class A misdemeanor if the amount of marijuana possessed is four ounces or less but more than two ounces;
A state jail felony if the amount of marijuana possessed is five pounds or less but more than four ounces.
In some cases, possession of a large enough amount of a drug can be used as evidence of intent to distribute, which carries much more serious penalties if convicted. Convictions on charges involving cocaine and other dangerous drugs can also involve more serious criminal penalties.
There are many potential defenses against drug charges. If you have been accused of a drug crime, it is important to contact a lawyer to discuss your options before making statements to police officers, detectives, prosecutors or anyone else.
The Pre-Trial Intervention Program
There are multiple criminal defense options available for people who have been charged with crimes in Williamson County. You may qualify for a special program in Williamson County called the Pre-Trial Intervention Program. This is a six month program that is only an option for first time offenders. Under this program, you are able to avoid prosecution if you remain law abiding and follow all the other terms of the program. Additionally, if you are accepted and complete the program successfully, your charge will be dismissed and you will be eligible to expunge the arrest and charge from your record.
One must apply to the Pre-Trial Intervention Program through an attorney and it is a good option for many people, but it's not for everyone. It is important to have a lawyer review your case to determine whether the prosecution has sufficient evidence against you before considering this option.
Sometimes, it is unclear who was responsible for bringing drugs into a home or vehicle. A traffic stop and search may also turn out to have been illegal because the police did not have sufficient justification to search you and did not get valid, voluntary consent.
I will examine all of the evidence against you, including the police report and any existing video, before advising you about your criminal defense options. Don't hesitate to contact me if you've been charged with possession of marijuana or any other drug crime. I also handle prescription drug cases.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
