Possession of Marijuana Charges in Galveston: What You Need to Know
Welcome back! I'm Brian Foley, here at Galveston Criminal Defense and DWI Attorneys PLLC. Today, we’re diving into a topic that comes up frequently in our practice: possession of marijuana. As a criminal defense firm serving Galveston and the surrounding areas, we handle all sorts of cases, but one offense that comes up time and time again is possession of marijuana—especially in situations where out-of-town visitors end up on the wrong side of the law.
Whether it's a trip to the beach or a conference in Galveston, people from all over the country may find themselves pulled over on the Seawall or in other parts of town, only to be arrested for having marijuana in their vehicle. Despite marijuana being legalized in some states, Texas still enforces strict possession laws. Here’s what you need to know.
Galveston Marijuana Lawyer - What you need to know if arrested for Marijuana in Galveston, Texas. What’s at Stake?
Under Texas law, possessing marijuana can lead to serious consequences. For any amount of marijuana under 2 ounces, you’re facing a Class B misdemeanor charge. This means you could be looking at up to 180 days in jail (6 months) and fines of up to $2,000.
You might have heard that there are no longer any mandatory driver’s license suspensions for these types of offenses in Texas, and that’s true for a first offense. However, even with the possibility of avoiding a license suspension, the fines and potential jail time are still significant.
Can You Get Your Marijuana Arrest Off Your Record?
One of the most common questions we get is, “Can I get my possession of marijuana charge dismissed or removed from my record?” The answer is yes! While the outcome of each case is unique, there are legal avenues we can explore to help you achieve the best possible outcome.
First, we start by reviewing the specifics of your case, particularly the reason for your traffic stop. Under Texas law, an officer must have reasonable suspicion to pull you over. If there’s any doubt about whether that reasonable suspicion existed, we can challenge the legitimacy of the stop.
The Role of Reasonable Suspicion and Probable Cause
In many marijuana possession cases, an officer may search your vehicle based on the odor of marijuana, which courts have ruled is sufficient probable cause for a search. However, things aren’t always so clear-cut. While some major cities, like Houston, have scaled back enforcement of marijuana laws, Galveston still actively enforces them.
When we’re defending your case, we’ll review body camera footage or dashcam video from the day of your stop. If there’s any evidence that your rights were violated—such as an improper or unwarranted search—we can argue that the search was illegal. Under both Texas and U.S. constitutional law, any evidence collected from an illegal stop or search may be excluded from your case. This is known as the Fruit of the Poisonous Tree Doctrine, and it could result in a dismissal of your charges.
Building Your Defense
Even if there are no clear legal issues with the stop or search, we don’t give up there. One of the strategies we often use to help clients is presenting mitigating evidence to the prosecution. This could include character references or testimony from people who can vouch for your good standing in the community. Having that evidence at the ready shows the prosecution that you are a person of good character, and we can often reach a favorable outcome even when the evidence against you is strong.
Let Us Help You with Your Case
At Galveston Criminal Defense and DWI Attorneys PLLC, we understand the impact a possession of marijuana charge can have on your life. We’ve handled countless cases like this in Galveston, and we’re dedicated to helping you get the best possible outcome. If you’ve been charged with possession of marijuana, don’t hesitate to contact us for a consultation. We’re here to review your case and explain your options.
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