Marijuana Defensive Strategy | Attorney

Many people make the mistake of giving a statement to law enforcement authorities or going to court without an adequate attorney greatly decreasing their chance of winning a marijuana case. A knowledgeable and experienced attorney who understands the law and defenses that apply to marijuana charges is essential.

Texas Marijuana Charges, Penalties, Defenses & More

Houston marijuana attorney Billy Skinner is an active proponent of marijuana rights and has compiled the marijuana resources below to help educate anyone charged with marijuana offenses in Houston, Texas.

Marijuana Defense Strategy

Billy Skinner is a Houston criminal defense lawyer who uses his experience as an Assistant District Attorney to develop strategies to defend marijuana cases. Most defenses to marijuana charges involve a motion to suppress evidence, statements or both. A motion to suppress challenges the manner in which the evidence was obtained by authorities. If the judge finds the authorities violated the law when they collected the evidence it can be ruled inadmissible. If the main evidence is excluded, the DA is often forced to throw out the case.

The most common defenses to marijuana cases in Texas include:

1. Illegal stops, detentions, or searches: Authorities must always have a legal basis to stop, detain or search an individual. If any of these steps were done without a legal basis then the judge will exclude the evidence from trial.

2. Invalid search warrants: Although there are exceptions to the warrant requirement, the police are often required to get a warrant before conducting a search. A search is not automatically lawful because authorities have a warrant. There may be defects in a warrant that make a search illegal. Search warrants are often used in cases involving grow houses, marijuana cultivation or allegations of drug trafficking or delivery.

Search warrants may be invalid if:

• Authorities lack probable cause to obtain the warrant
• The information presented to obtain the warrant was misleading, false or incomplete
• The information did not come from a reliable and known informant
• Authorities went beyond the scope of the search allowed by the warrant
• Authorities waited too long to search after obtaining the warrant making the warrant stale

3. Insufficient proof of actual or constructive possession: The authorities must prove that the suspect actually or constructively possessed drugs. Actual possession occurs when drugs are possessed on or about a person. This may happen when a person holds drugs in his or her hand, pocket or purse. Constructive possession occurs when a person is near drugs and has knowledge of the illicit substance, the intent to possess the substance and the actual physical ability to possess the substance. Just being at a place where there are drugs is not enough to prove possession.

4. Lack of knowledge: In order to prove possession of marijuana, the DA must prove beyond all reasonable doubt that the suspect knew of the marijuana. A lack of the knowledge element may occur when riding in a friend’s car, carrying a bag or package for a friend or borrowing clothes. If any of these items contained drugs without the accused’s knowledge then there would be insufficient evidence to prove possession of marijuana.

Medical Marijuana Defense Strategy in Texas

In some states, having a marijuana prescription is a valid defense to possession of marijuana. In Texas medical marijuana is illegal even if a person has a valid prescription from another state. If you are arrested for medical marijuana in Houston, contact the Law Offices of Billy Skinner immediately.

At the Law Offices of Billy Skinner we offer free consultations with no obligation. We understand that being arrested for possession of marijuana has a big impact on a person’s life. We will work hard to stop the damage and protect your rights. Contact us today to discuss our defense strategies for your marijuana case.