Fort Worth Marijuana Possession Case

Texas Board Certified and NORML Legal Committee

Cody Cofer, NORML, Board Certified

You need to find the best marijuana lawyer, because charges of possession of marijuana can have serious consequences in Texas. Misdemeanor possession of a usable amount of marijuana under 2 ounces has a possible jail sentence of 180 days and possible fine of $2,000. In most situations people do not receive substantial jail sentences for this amount of marijuana, but even with a possession of marijuana less than two ounces case may mean a long probation, loss of driver’s license, loss of school funding, loss of job, and cost thousands of dollars. If you have been arrested or charged with possession of marijuana in Tarrant County you need to retain a Fort Worth criminal defense attorney. If you contact our office we can schedule a time to discuss your case today and begin working to get it dismissed or reduced.

Is possession of marijuana a misdemeanor?

Charges for possession of marijuana range from a misdemeanor to a First Degree Felony. The degree of criminal charge for marijuana possession depends on the amount possessed. Misdemeanor possession of marijuana charges are those that someone is accused of having less than 4 ounces. Any usable amount under 2 ounces is a Class B Misdemeanor and an amount 2 to 4 ounces is a Class A Misdemeanor. If you are charged with possession of marijuana of more than 4 ounces then the charge is a felony. The sentence for possession of marijuana can range from a fine to life in prison. Obviously, most charges involve a small amount of marijuana. If you are arrested for marijuana possession then you need to contact a drug possession attorney in your areas. Cofer Law has Fort Worth criminal defense attorneys that will walk you through the process of trying to get your case off of your criminal record or fight to get the evidence in your case thrown out. Call to meet a marijuana lawyer to discuss your case.

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What does possession of marijuana actually mean?

You don’t have to actually have marijuana on your person. You can be charged with possession of marijuana if it is found in your car or near you. In Texas “Possession” means actual care, custody, control, or management. So, if you are in a car that is pulled over and searched, and the police find marijuana in the vehicle then you can be charged with possession. However, “mere presence” is not enough to convict someone of “possession” of marijuana.
Presence or proximity, when combined with other evidence, either direct or circumstantial, may establish possession. If a person does not have exclusive possession of the place where the marijuana was found the law requires that additional independent facts that “affirmatively link” a person to possession marijuana. The idea of “affirmative links” is intended to protect innocent bystanders from conviction based solely on their proximity to someone else’s marijuana.
The following nonexclusive list of factors has been recognized as tending to establish affirmative links:

  • A person’s presence when police search an area;
  • Whether the marijuana was in plain view;
  • A person’s proximity to and the accessibility of the marijuana;
  • Whether a person appears to be under the influence marijuana;
  • Whether a person possesses other contraband (i.e. drug paraphernalia) when arrested;
  • Whether a person makes incriminating statements when arrested;
  • Whether a person attempts to get away from police;
  • Whether person makes furtive gestures with police around;
  • Whether there is a small of marijuana (burnt or fresh);
  • Whether contraband or drug paraphernalia is in plain view;
  • Whether a person owned or had the right to possess the place where the marijuana is found;
  • Whether the place where the marijuana is found is enclosed;
  • Whether a person was found with a large amount of cash.

The law does not necessarily look at the number of these “affirmative links,” instead Texas courts have said it is the “logical force” of all of the evidence that is important. Picking apart the State’s case against you may be the best way to defend you possession of marijuana charge, but you need to speak with a Fort Worth criminal defense attorney about how to approach your case. Each case is different and poses different legal and factual issues. Speaking with an experienced marijuana lawyer can help you understand the possible defenses to your case.

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Possession of Marijuana First Offense

Aside from fighting your case, you may be eligible for a “diversion program” in Tarrant County. The timeline for getting into these programs are very strict, and this is something you should discuss with your criminal defense attorney at the very beginning of you case. Most of the time it is a good idea to hire a Fort Worth criminal defense lawyer if you are charged with a crime in Tarrant County, but this may be especially true if you are charged with a first offense of possession of marijuana. You need to find a lawyer that knows the ins-and-outs of the Tarrant Count programs.

Even if you do not qualify for a drug diversion program, your lawyer may still be able to get your case dismissed. Of course, no attorney can guarantee an outcome, but we know the most effective strategies to get your first offense marijuana possession case dismissed. So, if you have been arrested for marijuana possession, and it is you first offense, you need to meet with an attorney quickly. This situation can be very time sensitive. The sooner you have a skilled defense attorney on your case, the sooner you can start working your way to dismissal and ultimately expunge your record.

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We take your marijuana possession case seriously.

Marijuana Possession and DeliveryCody Cofer is a member of the NORML Legal Committee, because he believes in individual liberties. Many marijuana cases involve complex legal issues. Often the case will hinge on constitutional issues, including Fourth Amendment violations by police officers. You need a marijuana possession defense attorney that has experience arguing constitutional issues to a judge and jury. Don’t hire an attorney that is just going to pressure you to plea your case. You need an attorney that is going to work hard for a dismissal or a “not guilty” at trial. Cody Cofer is a skilled marijuana possession defense attorney with experience arguing the law and the facts of marijuana possession cases. The fact is, police make mistakes that violate constitutional rights. This includes Fort Worth and Arlington police. He will fight to keep your record clean.

Tarrant and surrounding counties’ law enforcement take marijuana possession seriously. They view pot as a gateway drug, leading the user to hard drugs such as cocaine or heroin. Fort Worth and Arlington law enforcement frequently search vehicles stopped for a broken tail light or other traffic violation. You need a Marijuana Possession Criminal Defense Attorney to handle your possession case. Evidence of marijuana possession can be challenged pre-trial and at trial. Call Marijuana Possession Lawyer Cody L. Cofer so he can evaluate your case for legal and factually defenses.

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Young Offenders | Marijuana Possession

It’s a mistake to just have you child “take their lumps” for a marijuana charge. Certainly, you can parent your child however you see fit, but letting them just plea to a drug charge will negatively impact them for years to come and maybe the rest of their lives. If you or your child is charged with misdemeanor marijuana possession, contact a lawyer who knows how to challenge police evidence and work toward getting you the best outcome possible. Call criminal defense attorney, Cody Cofer, to schedule a case evaluation in his Fort Worth Law Office.

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Cody Cofer is a former prosecutors who knows the legal system from both sides. He has handled misdemeanor and felony drug cases, taking many of them to trial. He now uses this experience to provide an aggressive defense to clients charged with offenses such as misdemeanor and felony marijuana possession. He knows how prosecutors will likely approach your case, how the police gathered the evidence, and what strategies to employ, depending on the court personnel involved.

Don’t leave the outcome of a marijuana possession charge to chance. If you have been charged with any level of misdemeanor or felony, from possession drug paraphernalia to felony amounts, contact a knowledgeable attorney who will work hard to get the best result possible for you. We will work to get the judge to suppress evidence of marijuana possession or try to get the jury to disregard the evidence of marijuana possession. It’s important to get an experienced trial lawyer to handle your marijuana possession case. Regardless of whether your case resulted from a traffic stop by Fort Worth, Arlington, or Hurst police your case (if a Class B Misdemeanor or higher) will be filed in Tarrant County criminal courts located downtown Fort Worth. Walk a block to our office to discuss your marijuana case one of our criminal defense attorneys.

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Driver’s License Suspension for Marijuana Charge

If you’re convicted of a drug offense or controlled substance offense you will receive a driver license suspension of 180 days. In addition to the suspension, you must comply with the Safety Responsibility requirements and complete an authorized Drug Education Program through the Texas Department of State Health Services. Failure to complete the program will result in a revocation of the license beyond the 180 days suspension until the Department receives a completion certificate.

If you do not have a Texas driver license at the time of offense you will be denied a Texas driver license for a period of 180 days. The Order of Prohibition (180 days) will begin upon first contact with DPS Driver License Personnel. Safety Responsibility requirements will be in effect for this suspension. The SR-22 insurance certificate will be required for two (2) years from the date of conviction for the drug offense.

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Texas Possession of Marijuana Law

In Texas possession of marijuana is a crime. As you know, a person commits the offense of “possession of marijuana” if the person knowingly or intentionally possesses a usable quantity of marijuana. The weight or amount of marijuana is one of the most important factors determining how serious the charge of marijuana possession is. There are other factors, such as Drug Free Zones, that can increase the penalty for marijuana charges.

Amount of Marijuana Offense Level Penalty: Jail/Prison Penalty: Fine Amount
Usable, 2 Ounces or less Class B Misdemeanor 0 – 180 days Jail $0 to $2,0000
More than 2 less than 4 ounces Class A Misdemeanor 0 – 365 days Jail $0 to $4,0000
More than 4 ounces, but 5 lbs. or less State Jail Felony 180 days to 2 years State Jail $0 to $10,0000
50 lbs. or less but more than 5 lbs. Third Degree Felony 2 years to 10 years Prison $0 to $10,0000
2,000 lbs. or less but more than 50 lbs. Second Degree Felony 2 years to 20 years Prison $0 to $10,0000
More than 2,000 lbs. First Degree Felony 5 years to Life or 99 years Prison $0 to $50,0000
Practically, large amounts will usually be charged as possession with intent to deliver. Call about delivery charges (817) 810-9395.

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Marijuana Lawyer to Exclude Evidence

The Fourth Amendment has created a complex area of law related to search and seizure. Every time the United States Supreme Court or the Texas Court of Criminal Appeals meets, new cases come down modifying the law as it relates to our constitutional property and privacy interests. For your Fort Worth criminal defense attorney to effectively represent you on a marijuana possession or marijuana delivery charge that attorney should have expert knowledge of Texas and Federal search and seizure laws. This requires constant education, a commitment to research, and the courage to litigate complex issues. Your defense lawyer should think the opportunity to argue a Fourth Amendment search and seizure issue is exciting and fun. Complex issues can be easy to overlook, so you need someone that will take your case seriously and can spot those suppression issues in your marijuana case.

Marijuana Possession April 3, 2011