For over 13 years Houston, TX marijuana possession lawyer Joseph Gagliardi has continued to be an effective defense attorney for clients of The Gagliardi Law Firm, PLLC, that have been arrested in connection with Marijuana. If you need our help, we’re here for you.
We Fight Houston Marijuana Possession Charges!
We Defend Your Rights
If you’ve suffered an arrest for the possession of marijuana, believe your Constitutional Right guaranteeing your freedom from unlawful searches & seizures has been violated, or if you think that the police found the marijuana as a result of a search performed absent of probable cause, Attorney Joe Gagliardi may be able provide a great assistance to you as your lawyer.
Texas Law & Marijuana Drug Crimes
Consequences if Convicted for Marijuana Possession
Marijuana related drug crimes fall under two criminal classifications; misdemeanor & felony.
The determination of whether or not the person that was “accused” of possession of marijuana will face felony prosecution, or the less severe misdemeanor charge, largely depends on the volume or quantity in the possession of the defendant at the time of the arrest.
Criminal penalties for defendants convicted of marijuana possession are as follows;
| WEIGHT | CLASS | PENALTY | MAX FINE |
|---|---|---|---|
| Under 2 Ozs. |
Class B Misdemeanor | Up to 180D County Jail | $2,000 |
| 2-4 Ozs |
Class A Misdemeanor | Up to 1YR County Jail | $4,000 |
| 4 Ozs - 5 Lbs |
State Jail Felony | 180D to 2YR State Jail | $10,000 |
| 5-50 Lbs |
3rd Degree Felony | 2 to 10YR TDC |
$10,000 |
| 50 Lbs - 1 Ton |
2nd Degree Felony | 2 to 20YR TDC |
$10,000 |
| Over 1 Ton |
1st Degree Felony | 5 to 99YR TDC |
$50,000 |
AVOID Poor Legal Representation
There are a number of additional consequences that many defendants don’t take into account when making the decision on which way to pursue closure on their case(s). This is because defendants often aren’t the wiser of the additional criminal penalties that a guilty plea, or a finding of guilt, may carry, until after these additional penalties are initiated.
Sadly, many of these pleas are made for nothing more than the sake of convenience on the behalf of the defendant, and the criminal defense lawyer.
This is has to be the fault of inadequate legal counsel, of which, we’ve listed a few illustrative examples below.
The (Well Marketed) Plea Attorney
In some instances, defendants aren’t made privy to the additional consequences of pleading out a marijuana charge when poorly represented by some Houston drug charge lawyers who are better at bringing in clients than they are at actually defending the accused. These attorneys generally pressure their clients into pleading out their case(s). We refer to these well marketed criminal defense lawyers as “plea attorneys“.
Indigent Defense
Defendants being represented by court-appointed lawyers may also experience a few surprises if they plea out their case, with no serious “criminal defense” based case review from their counselor.
Court appointed attorneys aren’t necessarily bad or incompetent defense lawyers, in fact, the opposite tends to be true. However, these great defenders of liberty are often over-burdened, leaving them stymied in their attempts to provide a high level of attention to individual cases.
Due to circumstances that are no fault of their own, these criminal defense lawyers also tend to lean towards some form of plea strategy to alleviate the pressure of non-stop defense appointments from the courts.
There are a handful of other examples of what can be considered inadequate legal counsel, but the above two are the most common.
Additional Consequences If Found Guilty
Texas Drivers License Suspension
One of the first consequences defendants face after pleading out a marijuana charge is the revocation of their Texas Drivers’ License for a period of up to 2 years granted that marijuana was found in their possession while operating a motor vehicle. The State of Texas will immediately refer these cases to the MAB, and only the Medical Advisory Board can approve the reinstatement of your TDL once your sentence (in any) is served, and your fine and other fees are paid.
Denial of a Conceal Handgun License
With the amount of civil violence exploding in our society, many Texans have sought to initiate their 2nd Amendment Right to Bear Arms, at all times, which requires the issuance of a Concealed Handgun License or “CHL“.
If a person is arrested for the possession of marijuana, like with the suspension of driving privileges, chemical dependency or a “medical issue” may be assumed, which will put a multi-year barrier between you and your attempt to secure lawful protection for yourself, and your family, in the form of a Concealed Handgun License.
Education & Career Related Constraints
If a marijuana charge is showing on your criminal record during background checks you’ll experience career limitations in a number of professions, and swift rejection from a number of colleges and institutions of higher learning that you may apply to.
The reality: some people and institutions view marijuana users as drug addicts; a stigma that you must take all possible actions to keep off your official record especially if you know that the integrity your background will play a major factor in your life, which it normally does.
Tell Us About Your Case!
If you have questions about your case, or that of a loved one, The Gagliardi Law Firm, PLLC can be reached at 713-224-6277.
Whether you were arrested for the possession of over five pounds of marijuana, less than 28 grams, or the manufacture/distribution of the controlled substance, Joe Gagliardi is one of the best Houston attorneys to consult if you’re facing prosecution in Harris County, TX.
Don’t hesitate to call or send us a message.