Marijuana charges are brought more and more frequently as marijuana is popularized in the news, and as the laws change in other jurisdictions. Individuals may be unaware of what behavior might expose them to as far as criminal penalties. They also may be quick to admit to marijuana possession or claim possession of marijuana. Officers will follow the letter of the law strictly and make arrests or issue a summons for criminal charges in most of these situations.
A conviction for marijuana possession could have multiple long-term effects. A conviction could affect a professional license someone holds and their ability to keep their employment. It could also affect their immigration status if they are not as a United States citizen. Also, a conviction will appear on any criminal background check.
A person should always consult a knowledgeable drug possession attorney if they are charged with drug possession. A Montgomery County drug marijuana possession lawyer could review the facts of the case and build a defense. Let a skilled attorney help you fight the charges.
Many aspects of defending marijuana cases are similar to other drug cases. However, a Montgomery County drug marijuana possession lawyer needs to be aware of laws surrounding search and seizure related to marijuana. For example, as the law currently stands, the smell of marijuana in a car or on a person usually entitles a police officer to search the person’s vehicle. This can be challenged based on specific knowledge of marijuana packaging, storage, and careful cross-examination of the officer about his search and seizure of drugs.
A diligent attorney will bring this experience along with the ability to challenge and cross-examine drug experts or lab technicians who may testify on behalf of the prosecution about the amount of drugs and type of packaging.
In Montgomery County, the prosecutors can bring two different types of charges against people accused of possessing marijuana. They can bring the charge as possession with intent to deliver, simple possession charge, or they can bring the small amount of marijuana charge.
If a person is charged with possession of 30 grams or less, they should know:
Possession of more than 30 grams:
Ultimately, the prosecutors get to choose which charge to move forward on. However, the Montgomery County drug marijuana possession attorney could analyze the evidence, make an argument based on the amount of marijuana recovered, weight, and packaging to determine which charge is correct in facing marijuana prosecution in Montgomery County.
People should know what they should do when encountering the police and being arrested with these charges. It is vital that an experienced criminal lawyer advise them of the law and their constitutional rights. Individuals should be aware of their right not to be searched unlawfully as well as know not to be asked questions or interrogated alone under the Fifth Amendment.
To avoid the consequences of a conviction, individuals should reach out to a Montgomery County drug marijuana possession lawyer. Call today to get started on your defense.