Montgomery County Criminal Defense Attorney - How to deal with a possession of marijuana case.

Montgomery County Criminal Defense Attorney - Brian Foley - Board Certified in Criminal law

Possession of Marijuana in Montgomery County, Texas: What You Need to Know

As a criminal defense attorney board certified in criminal law I can tell you these are the laws and procedures related to possession of marijuana in Montgomery County, Texas. In this article, we will discuss the process of being arrested for this offense, the importance of probable cause related to the odor of marijuana in a car, and why it is crucial to go to court dates and retain an attorney before going to court.

Arrest Process

If an individual is suspected of possessing marijuana in Montgomery County, Texas, they may be stopped by law enforcement and searched for evidence of the drug. Normally this happens due to speeding, expired registration, or being present in a neighborhood or other residential area for extended periods of time parked. If an officer finds marijuana in their possession, they will be arrested and charged with a crime. Possession means actual care custody control or management and does not mean that the police have to prove the marijuana was purchased or owned by the person in possession. The State will have to prove affirmative links between the person and the marijuana. If the officer believes he has probable cause then an arrest is made and you are taken to the jail located at 1 Criminal Justice Drive in Conroe, Texas. There you will be booked into jail and taken before a magistrate the following morning if you are unable to bond out immediately. This process has been taking 24 hours or more in recent months.

Probable Cause

One of the key elements in any drug possession case is probable cause. This refers to the reasonable belief that an individual has committed a crime based on the facts and circumstances known to the officer at the time of the arrest. In many cases, the odor of marijuana can provide probable cause for an arrest. However, this is not always the case and it is important to understand the nuances of probable cause and how it applies to each individual case.

It is important to retain an attorney who can review the facts of the case and determine if the arrest was based on sufficient probable cause. An attorney can also challenge the evidence obtained during the search and seizure, which can result in a reduction or dismissal of the charges.

Going to Court

It is crucial to attend all court dates and to retain an attorney before going to court. A court appearance is an opportunity to enter a plea and to begin the process of building a defense. An experienced criminal defense attorney can help to ensure that an individual's rights are protected and that they receive the best possible outcome in their case. Prosecutors do not have to tell you about the weaknesses in their case. This is why it is always best to consult with an attorney who works with your best interest in mind.