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How to Defend a Marijuana Possession Charge

Marijuana is one of the most highly coveted drugs, either for recreation or medical use. However, this doesn’t change the fact that it is illegal, and the consequences of marijuana possession can vary from state to state.

According to the website of the Bruno Law Offices, marijuana possession is taken very seriously, especially in the state of Illinois. In here, anyone found with less than 2.5 grams of marijuana will be charged with a Class C Misdemeanor and more than 5,000 grams with Class 1 Felony.

Because of how controversial drug possession is and its severe penalties, it can truly be a life-changing experience to be convicted. But it is important to point out that there are viable defenses against drug possession charges, such as the following.

The Realness of the Drug

The charge is called drug possession, so you can generally attack it two ways – either focus on the “drug” part or the “possession” part. In the drug part, you can question the realness of the drug. It should undergo procedures that can prove its legitimacy, such as lab tests.

They will never know whether the thing you possess is just a pile of leaves or legitimate marijuana until they do these procedures. You can also question the validity of these procedures, like when the testers have utilized improper techniques that may make the test results doubtful.

The Real Owner of the Drug

Like many charges, a good defense against drug possession is saying that it isn’t yours, attacking the “possession” part of the charge. This can be a particularly strong defense, especially if the marijuana has been found in an area where ownership can be doubtful.

For example, if a search has been made in a car where you and your friends are currently in and the officers have found the drug, they can never be sure about who truly owns it.

The Validity of Search and Seizure

Speaking of search and seizure, it is important to say that it should be lawful and with consent. If it is not in accordance to the law, all evidence that is found during this particular time may be invalid. This may even be true for legitimate drugs and distinguished ownership of them.

Domestic Assault Laws

Texas law has three subsects of domestic violence. The crimes can be considered domestic assault, aggravated domestic assault and continuous violence against the family.

An act of violence against the following list of individuals is considered domestic assault:

  • A current or former spouse
  • A child of a current or former spouse
  • A person with whom the offender has a child or children
  • A foster child or foster parent of the offender
  • A family member of the offender by blood, marriage, or adoption
  • Someone with whom the offender lives
  • A person with whom the offender has or had an ongoing dating or romantic relationship

A domestic assault charge is considered a Class A misdemeanor if the defendant has had no prior convictions. Any following offense is considered a third degree felony.

Texas law states that an officer of the law is able to arrest a person accused of domestic assault on the spot regardless of whether or not the officer personally witnessed the act of violence. Witnesses or any physical evidence of the crime are acceptable probable causes for an arrest. The state of Texas does not require physical violence to be the only form of domestic assault; intent or threats of violence are also considered domestic assault.

According to the website of the Law Offices of Mark T. Lassiter, domestic assault charges are prosecuted aggressively. Some domestic assault charges can carry a 2-20 years prison sentence. Probation, community supervision, fines, and protective orders are also possible penalties of conviction.