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Writer's pictureBrian Foley

Do You Need a Lawyer for a Marijuana Case in Montgomery County, Texas?

Do You Need a Lawyer for a Marijuana Case in Montgomery County, Texas?


If you were in California, Houston, or Austin, you likely wouldn’t even have a marijuana case. But in Montgomery County, Texas, things are different.


Here’s why you probably need a lawyer for your marijuana case:


First, without legal representation, the state is not obligated to inform you if any of your rights have been violated. If an officer stopped you without a valid reason, conducted an unlawful search, or there’s another legal issue, the state doesn’t have to tell you about it. While prosecutors are supposed to pursue justice in every case, that doesn’t mean they are required to inform you of all your legal options. If they want to offer you a less favorable deal, they can do that without highlighting any better options that might be available.


This is where having a lawyer comes in. Most clients facing marijuana charges in Montgomery County have one primary goal: getting the case off their record. For that to happen, the case must eventually be expunged, meaning all government records of it are completely cleared. However, not all dismissals are eligible for expungement, and that’s something many people don’t realize.


For example, if your case is dismissed after completing deferred adjudication, you might think you’re in the clear. However, this type of dismissal doesn’t qualify for expungement. While the state will file a document stating the dismissal, it won’t remove the case from your record for good. If you did deferred adjudication probation on a Class B misdemeanor or higher marijuana case, that charge remains on your record forever and can never be expunged. This is one of the biggest issues we encounter when talking to clients.


I often get calls from people who had a marijuana case dismissed years ago, asking what they can do. If the dismissal was due to deferred adjudication, the answer is often disappointing. At best, we may be able to get the record non-disclosed, which hides it from some public view, but government entities and certain organizations can still access it. The only way to completely clear a case from your record is through full expungement, and that’s what we help people achieve every day.


If you’re facing a marijuana charge in Montgomery County, Texas, it’s critical to know your rights and the long-term consequences of any legal decisions. Having a lawyer on your side ensures that you fully understand your options and can work towards a result that protects your future.


BORING LEGAL DISCLAIMER

 

For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.

 

For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

 

For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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