Montgomery County, Texas Marijuana Charge Attorney

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com

Hello, I’m Brian Foley, a criminal defense attorney here in Montgomery County, Texas. Today, we’re discussing the prosecution of marijuana charges in our county. Despite it being 2024, marijuana charges are still taken very seriously in Montgomery County, unlike in neighboring Harris County or places like California and Austin, where misdemeanor amounts of marijuana often go unprosecuted.


We frequently see clients who have moved here from other regions where the laws and enforcement are more lenient. These individuals may not realize the severity of marijuana laws in Montgomery County. A common scenario involves someone being pulled over, and when asked by the officer if they have any marijuana, they might casually hand over a joint, thinking it’s no big deal. However, unlike in Houston or Austin, where such cases might be dismissed or not prosecuted, Montgomery County follows a stricter protocol.


Understanding the Charges


Marijuana possession in Montgomery County is prosecuted under Section 481.121 of the Health and Safety Code, part of the Controlled Substances Act. This means it is considered a Class B misdemeanor, carrying potential penalties of up to 180 days (six months) in jail and a $2,000 fine.


Legal Representation and Defense Strategies


If you’ve been charged with marijuana possession, here’s what we do to represent you effectively:


1. Evaluate the Stop and Search:

- Reasonable Suspicion: Did the officer have reasonable suspicion to initiate the traffic stop?

- Probable Cause: Did the officer have probable cause to search your vehicle?


If the officer lacked reasonable suspicion or probable cause, any evidence obtained (like marijuana) might be inadmissible in court, leading to the dismissal of your case.


2. Consent Issues:

- If you consented to a search, was that consent given voluntarily, or was it coerced? Coerced consent can render the search illegal and the evidence inadmissible.


Mitigating Evidence


Even if the traffic stop and search were lawful, we can still work to get your case dismissed by presenting mitigating evidence. This includes:


- Character Letters: Letters from reputable individuals vouching for your character.

- Community Service: Completing community service hours.

- Educational Classes: Attending classes related to drug education or prevention.


By demonstrating that you do not pose a continued risk and are willing to comply with the law, we can often negotiate for a dismissal or a reduction in charges.


Expunction Process


If we successfully get your case dismissed, the next step is expunction. An expunction will delete all records of the charge from the government’s databases. We can also work on getting your mugshot removed from online websites, though this process can be more challenging.


Conclusion


Marijuana charges in Montgomery County are taken seriously and can result in significant penalties. If you or a loved one is facing such charges, it is crucial to seek experienced legal representation. At Brian Foley Law PLLC, we are committed to providing the best possible defense and helping you navigate the complexities of the legal system.


For more information, visit our website or check out our YouTube channel. Don’t forget to like and subscribe. Thank you for your time.