The National TOP 100 Trial Lawyers
America's Top 100 - Criminal Defense Attorneys
Avvo Reviews
Avvo Ratting 10.0 Top Attorney
Avvo Clients' Choice Award 2018
The University of Texas at Austin School of Law

What To Do After You’ve Been Arrested for Possession of Marijuana

The Law Firm of Andrea M. Kolski

Did you know that 17.9% of the United States population now regularly uses cannabis? Despite the popularity and increasing legality of the substance, not all states have updated their marijuana laws with the changing times.

Texas, in particular, is still exceedingly harsh with penalties related to possession of marijuana. That’s why it’s essential to know exactly what to do if you’re facing drug charges in Texas.

There’s a lot of confusion and misunderstanding when it comes to marijuana laws in Texas. However, ignorance of the law is no defense if you find yourself facing charges. In this article, we’ll discuss Texas marijuana laws and what to do if you’ve been arrested. Let’s get started!

A Breakdown Texas Marijuana Laws

You can divide marijuana laws in Texas into four categories. The first category is marijuana paraphernalia. If you’re caught with a device like a bong or weed pipe, then you will face a paraphernalia charge.

Among marijuana charges, these carry the lowest penalties. Next, there’s possession. If you’re caught with two or more ounces of marijuana, then you can be charged with drug possession.

The strictness of the sentence depends on how much you have on you. Next, there’s cultivation. Cultivation carries the same penalties as possession.

That means that the more you are caught with, the harsher the sentence. Unfortunately, it’s easy to be hit with a harsh sentence because marijuana can weigh a lot when you grow it.

Lastly, there’s a law related to the sale of marijuana in Texas. These types of cases tend to carry the harshest sentence.

So, you should always consult with a lawyer if you’re hit with a cannabis sale charge. Make sure to check out our guide for the specific times and fines associated with each of these laws.

What Should You Do After Being Arrested for Possession of Marijuana?

With cannabis legalization sweeping the country, you would think that Texas laws would be light on marijuana use. Sadly, that just isn’t the case. Last year almost 90,000 people were arrested in Texas for drug abuse charges.

Texas also has some of the highest drug conviction rates in the country. So, Texas courts are not a place to expect leniency because of changing attitudes towards marijuana.

Because of this, it’s important to know exactly what to do after being arrested for buying weed. Otherwise, you could accidentally implicate yourself and make your sentence a lot harsher.

In this section, we’ll be going over three things that you should always keep in mind after being arrested.

Stay Quiet

There’s a reason why you’ll often hear the phrase, “You have the right to remain silent” in media. When you’ve been arrested, you’re not obligated to talk to the police officers or answer questions of any kind.

Doing so could cause you to unintentionally incriminate yourself, even if you’re innocent. Unfortunately, the police know this. As such, you’ll often have officers ask you questions anyways.

In some cases, they might even threaten you with a harsher punishment if you don’t comply. Police can also lie to you depending on the circumstances. So, it’s important to keep your wits about you and remain calm in these critical moments.

Keep your mouth shut and avoid admitting anything. Law enforcement can use whatever you say against you and make your predicament much worse.

Talk to Your Lawyer

As we mentioned earlier, Texas is hard on people arrested for weed. Because of this fact, you don’t want to navigate the legal system without a lawyer.

Depending on the severity of your charge, it could have potentially devastating consequences. Instead, say you want to speak to an experienced Texas marijuana attorney like the Law Firm of Andrea M. Kolski.

It’s usually best to remain silent until you speak to your attorney. Once you meet, you can discuss the best strategy and potential bail.

Know Your Rights

You should make sure to give your attorney as much information as possible in terms of arrest details. You have rights when you are arrested. And, if the police violate these rights, then they could potentially drop the charges.

So, tell your attorney everything you can about how you were stopped, why you were searched, and how you were arrested. If the officers in question deviate from the protocol, then it could work out in your favor.

You should also tell your attorney whether or not the weed you’ve been charged with is yours.

There’s a law that states police must prove that the marijuana found in your possession belongs to you. So, if you’re able to prove that it’s not yours, then that could be a solid defense.

What Should You Look for In a Drug Offenses Attorney?

Experience, location, and personality are the basic things that matter when deciding on the best drug attorney for you. When looking for an attorney for possession of marijuana charges, you want to make sure you pick one with experience. The more cases they have under their belt, the more strategies and insight they have into these types of charges.

You also want to make sure that they’ve represented drug offenses before. If they’ve only worked in other areas of criminal law, you don’t want to be their practice run.

Look for someone that has experience on both sides of the court. For example, Andrea M. Kolski began her career as a prosecutor before transitioning to a defense attorney.

Make sure the lawyer you select is familiar with the county or court where your case is being tried. You want a lawyer who knows all the prosecutors, judges, and others involved in your case.

Last, the personality of the lawyer you choose should be someone you’re comfortable with. You may be working closely with them and you need to feel they have a personal interest in your case and work hard for the best outcome. You don’t want to be pawned off to another lesser lawyer in their firm or ignored when your future is on the line. Get someone you trust and that shoots straight with you from day one.

This is invaluable because these types of attorneys can provide insights that those just working defense would likely overlook. As a result, you have a much higher chance of favorably navigating your case.

Need a Fantastic Drug Offenses Attorney? Contact Andrea M. Kolski

We hope this article helped you learn exactly what to do if you’ve been arrested for possession of marijuana in Texas. At the end of the day, the most important thing you can do is find a qualified attorney with experience in these types of cases.

If you’re facing charges in Montgomery county or the Woodlands, Texas area, then you’ll be hard-pressed to find a better option than Andrea M. Kolski.

With over twenty years of trial experience, Andrea Kolski can help best prepare you for whatever charges you’re facing. So, if you’re ready for the best legal help, then contact us today.

Visit Us

By Appointment Only - Contact Us

The Woodlands Office
8505 Technology Forest Pl #104

The Woodlands, TX 77381

Phone: 832-381-3430

Get in Touch

Free Consultation 832-381-3430

What Our Customers Say

"Andrea is a fantastic attorney versed in many fields. I've retained her services for criminal defense, nondisclosure orders, and family law. She has always provided a...

Steven Street Texas

"Andrea and her staff are definitely one of the greatest of all time. Their professionalism and knowledge of the law and how the system works is unparalleled. I have her...

Dwight Osteen Texas

“Andrea is the most amazing attorney I have ever had in my corner.” — Vincent, client facing 2nd DWI charge, CASE DISMISSED