Brian Foley
- Apr 19
- 4 min read

Walker County Possession of Marijuana Lawyer - Can I get a Marijuana case dismissed in Walker County Texas?

Brian Foley - Board Certified Criminal Defense Attorney Answers the question Can I get a Marijuana case dismissed in Walker County, Texas. You can research more information about Walker County criminal charges here.

Howdy! I'm Brian Foley, a criminal defense attorney serving Walker County, Huntsville, Texas. Today, we're going to be looking at possession of marijuana. Yes, it is still a crime for which people get arrested in Walker County. Unlike in Harris County, where misdemeanor level offenses usually don't lead to possession of marijuana arrests, in Walker County, you could find yourself facing charges.

One thing many people don't realize is that, besides facing arrest, you could also face a driver's license suspension. That's why it's crucial to have an attorney who can help get the charges dismissed or expunged from your record. Section 521.372 of the traffic code stipulates that a person's driver's license is automatically suspended upon a final conviction of an offense under the Controlled Substances Act, and possession of marijuana is under the Controlled Substances Act—it's 481-121.

So how are we going to try to get your case dismissed? Well, the first thing we're going to do is look at the evidence that the District Attorney's office has. It's usually a body camera or a dash camera from the police officer, and we're looking for something called Reasonable Suspicion. Did they have Reasonable Suspicion to pull you over? Here's the standard for that from the Texas Court of Criminal Appeals, based on a case from 2011: "A police officer has Reasonable Suspicion to detain if he has specific articulable facts combined with rational inferences from those facts that would lead him reasonably to conclude that the person detained is, has been, or soon will be engaged in criminal activity."

In the Dirschweiler case, it was just some strange behavior, including smiling at somebody. So, it doesn't have to be a specific traffic offense or something like that. Reasonable Suspicion is determined as an objective standard, and it doesn't matter what the police officer's subjective beliefs were about what the law is. The judge is just going to look at what were the facts that they knew at that time. You are supposed to be able to disregard the actual thoughts of the police officer making the arrest and instead see if there's an objectively justifiable basis for the detention. Courts are also going to look at what's called the totality of the circumstances—it means everything put together. It means that circumstances that seem innocent when taken alone may be combined to predict criminal conduct.

Here are some frequent examples of reasonable suspicion for traffic offenses in possession of marijuana cases here in Walker County:

1. Speeding.

2. Failing to signal a lane change (this has to happen before you switch lanes; there's no specific footage that happens).

3. Vehicle registration sticker issues (there is no inspection sticker requirement anymore, but there is a vehicle registration sticker requirement, and to get that sticker, your vehicle's inspection must be in the system).

4. Invalid or obscured license plates (if your plate is invalid or obscured, you could be pulled over).

5. Parking for a long time in a residential area or in a suspicious manner (if someone parks in a suspicious manner, they might attract attention from law enforcement).

If you've experienced any of these situations, you could potentially challenge the legality of the stop. For instance, in State v. Garcia, the court concluded that any person would not feel free to drive or walk away to terminate the interview if a police officer initiated the incident by blocking the exit of the vehicle with his patrol car and turning on his spotlight, among other actions.

We use our knowledge of the case law and these circumstances to find a way to convince either the prosecutor or the judge to dismiss the charge. There are also alternative resolutions for possession marijuana cases, such as completing community service or taking a class to get the case dismissed. Additionally, we may file a motion to suppress based on the lack of probable cause.

In a possession of marijuana case, the police often search vehicles. The automobile exception to the Fourth Amendment warrant requirement means that if the police have probable cause to search your vehicle, they may do so without first obtaining a warrant. However, if they don't have probable cause, the search is likely going to be illegal. One common basis for a search is the odor of marijuana. Courts have held that the smell of marijuana can justify a search of a vehicle, including its trunk.

Recent developments in industrial hemp have added complexity to marijuana cases. In 2019, the state introduced an industrial hemp program that allows a person to possess marijuana as long as it has less than 0.3 percent Delta 9 THC amount. However, if you are part of this hemp industrial hemp program in Walker County, you must have a specific license from the state and documentation to prove the legality of your possession. Merely claiming that it's industrial hemp may not suffice, as you could still be arrested. Law enforcement may not test for specific THC variants on the roadside, so they might treat any marijuana-like substance as illegal, leading to potential arrests.

If you have a case for Marijuana Possession in Walker County, Texas these links may be helpful to you.

Walker County Jail

655 FM 2821 W

Huntsville, TX 77320

(936) 435-2412

Walker County Sheriff's Office

717 FM 2821 W

Huntsville, TX 77320

(936) 435-2400

Walker County District Attorney

1036 11th St

Huntsville, TX 77340