5. A Lawyer Has a Stake in Your Case.
The biggest problem I see in drug cases is my clients tend to get legal advice from all sorts of non-lawyers. Friends, jailers, bail-bondsman or even school counselors all become instant experts when they learn you’ve been arrested. These people may be very well intentioned, yet, they’ve probably never seen a case from start to finish (and if they have, their experience is really confined to their particular circumstance), and more importantly — they’re not legally or professionally on the hook if they’re wrong and you suffer the consequences. As a licensed attorney, former prosecutor, and lawyer in private practice for many years — I’m simply more qualified to give someone a big-picture of what can or can’t happen with their arrest. Not only this, but I’m ethically bound through the State Bar of Texas.
4. The legal definition of “Possession” is very technical.
Possession is defined by Texas law as “actual care, custody, control or management” of a particular thing. This means the police must prove more than someone was with friends who had marijuana… they must show ACTUAL handling or control of it which is much more difficult to do. Many people think if they were arrested in a compromising situation where someone else’s drugs were around then they are just guilty too. This is not the law and an affective lawyer can advise you about the law of possession and “affirmative links.”
3. Search and seizure law is very technical.
The vast majority of marijuana arrests occur in vehicles. Many officers see it as their unwritten right to dig into people’s car who might be young or look different. The 4th Amendment to the U.S. Constitution prevents unreasonable searches for precisely this reason. This constitutional area of the law has been evolving for over 200 years and should be reviewed by a professional.
2. An attorney can plot a roadmap so you’re eligible for expunction (getting the case completely off your record).
Planning for expunction is a detail-oriented process which must be begun at the beginning of the case. People acting as their own lawyer can inadvertently spoil their chances for expunction by doing something as simple as pleading guilty to lesser tickets issued in the same arrest.
1. You’re Facing Possible Jail.
The main reason is because even the smallest amount of usable marijuana possession is jail-able up to 180 days. While this rarely happens, you wouldn’t fly on a plane with an unqualified pilot even though the odds of a crash were 1 in 1-billion, nor would you operate on yourself even if the medical proceeding had a 1-1billion chance you die in the procedure.