At Galveston Criminal Defense Attorneys PLLC, we understand that facing criminal charges related to marijuana possession in Texas can be an overwhelming and stressful experience. If you’ve been charged with POSS MARIJ <2OZ, you are facing a Class B misdemeanor charge for possessing less than two ounces of marijuana. While this charge may seem minor, the consequences of a criminal conviction can be severe and long-lasting, affecting various aspects of your life.
What Does POSS MARIJ <2OZ Mean?
Under Texas law, POSS MARIJ <2OZÂ refers to the possession of less than 2 ounces of marijuana. This is considered a Class B misdemeanor, which can result in penalties including:
Up to 180 days in jail
A fine of up to $2,000
Probation or community service
A permanent criminal record
While possessing less than 2 ounces may not seem as serious as possessing larger amounts, a conviction can still lead to significant consequences, especially when it comes to your future employment, housing, and other opportunities.
The Long-Term Consequences of a Criminal Conviction
Having a Class B misdemeanor conviction on your record can lead to a range of problems, including:
Difficulty Finding Employment: Many employers conduct background checks, and a criminal conviction can make it harder to get hired, particularly for jobs requiring security clearances, government positions, or roles in law enforcement.
Educational Barriers: A criminal record may hinder your ability to obtain financial aid or admission to certain schools.
Housing Restrictions: Landlords often check criminal histories and may deny housing applications from individuals with criminal convictions.
Loss of Rights: A criminal conviction can impact your ability to vote, own firearms, or hold certain professional licenses.
Getting a Marijuana Charge Dismissed and Expunged
One of the most effective ways to protect your future is by getting the charge dismissed and expunged from your record.
Dismissal: The first step in clearing your record is to have the charge dismissed. This can occur through a variety of means, such as a favorable ruling at trial, a pre-trial diversion program, or other legal procedures that result in the case being dropped. Once dismissed, the charge no longer stands, and you won't face the penalties associated with a conviction.
Expunction: After a case is dismissed, you may be eligible to have it expunged from your criminal record. Expunction is a separate legal process that involves petitioning the court to remove the record of your arrest and charges from public databases. Expungement ensures that employers, landlords, and others performing background checks will not find any record of your marijuana charge.
It is important to understand that dismissal and expungement are separate proceedings. A dismissal does not automatically lead to expunction, so you must take proactive steps to pursue both. At Galveston Criminal Defense Attorneys PLLC, we can help guide you through this process, ensuring the best possible outcome for your case.
The Role of Reasonable Suspicion and THC Concentration in a Marijuana Charge
When a police officer stops you and later discovers marijuana, it’s important to note that they must have reasonable suspicion to initiate the traffic stop. This means that the officer must have a valid reason to pull you over, such as observing a traffic violation or having credible information that you are engaged in illegal activity. Without reasonable suspicion, any evidence discovered during the stop, including marijuana, may be inadmissible in court.
Additionally, in order for the marijuana to qualify as a criminal offense in Texas, it must contain a THC concentration greater than 0.03%. THC (tetrahydrocannabinol) is the psychoactive compound in marijuana, and Texas law specifically targets marijuana with higher THC levels. The state must prove that the marijuana found in your possession exceeds this threshold in order for you to be convicted.
If law enforcement fails to prove that the THC content is over the 0.03% limit or that they had reasonable suspicion to conduct the stop, your case could be dismissed.
Why You Need Experienced Legal Representation
If you are facing a POSS MARIJ <2OZ charge, having experienced criminal defense attorneys on your side is critical. Our team at Galveston Criminal Defense Attorneys PLLC, led by Luis Baez and Brian Foley, is dedicated to protecting your rights and ensuring that you receive the best possible defense. We can help evaluate the circumstances of your case, challenge any unreasonable traffic stops, and assist you in pursuing the dismissal and expungement of your charges.
If you’ve been charged with marijuana possession, don’t wait to get the legal support you need. Reach out to Galveston Criminal Defense Attorneys PLLC for a consultation today, and let us help you secure a brighter future.
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