In 2007 the Texas legislature passed a law that provides police officers the discretion to cite and issue a summons for certain Class A and B misdemeanors, rather than arresting the person and booking them into the county jail. The new law is found in Article 14.06 of the Texas Code of Criminal Procedure. It applies to the possession of small amounts of marijuana (under 4 oz.) and other offenses such as criminal mischief under $500, graffiti, theft under $500, theft of service under $500, possession of contraband in a correctional facility, and driving while license invalid. Practically speaking, the person appears before a magistrate, just like when booked into jail, but must be released on a personal recognizance (PR) bond.
Importantly, the police are only given discretion to ticket persons who live in the county where the offense allegedly occurred. If you live outside the county the officer is obligated to take you to jail. The bottom line? Whether you receive a "ticket" for possessing marijuana, or are arrested, you still face the same misdemeanor charge . . . a Class A misdemeanor for possessing between 2 and 4 ounces; or a Class B misdemeanor for possessing less than 2 ounces.
If you've been ticketed, or arrested, for possessing marijuana or any drug or controlled substance, you need an experienced Bryan|College Station Drug Charges Lawyer to assist in your defense. Please give us a call.
7 comments:
I was convicted of aggate possession of marijuana back in 1993 served my time & completed my parole.Since then have not been in trouble with the law lessons learn.Is it possible for me to get a full pardon??
Please access the Texas Board of Pardons and Parole website for information to answer your question. You will find downloadable forms and instructions on how to apply for a pardon.
Hello my name is Robert and I am a gun owner I just got a class C misdameanor for family violence but my wife never pressed charges and bailed me out the next day,this was my first assault and I would like to keep my rights in Texas as a gun owner will I be able to get a pardon?
Robert:
If the State never pressed charges, then you were not convicted of anything. This typically should not affect your gun rights.
can you req a pardon for a murder conviction?
Hello, I successfully completed deferred adjudication with a dismissal in 1999. I applied for a pardon, only to to be told that my application will not be processed due to my deferred adjudication not meeting the statutory requirements. Could you please explain what does this mean? Will I ever be granted a pardon or is something wrong with my deferred adjudication?
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