Amarillo Marijuana Defense Lawyer

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“David did an outstanding job on my case. I was arrested with 123 pounds of marijuana near Amarillo.  Thanks to Mr. Enos my case was dismissed after I completed deferred adjudication. Not a day in prison.”  V. Boutsomsi, Gulfport, FL

“Mr. Enos got my second degree felony drug possession case reduced to a MISDEMEANOR. I was looking at up to 20 years in prison.  Thanks to David, I wound up only paying a small fine and checking in and out of jail the same day..”  B. Sparling, Richardson, TX

Experience Matters

 

An attorney with years of experience is required for a successful marijuana defense. For for than 25 years, Attorney David Enos has aggressively defended persons arrested for marijuana-related offences, earning a good reputation with clients, prosecutors, and Judges. Because Texas law enforcement has a history for targeting people traveling on I-40 and Highway 287 in order to make questionable arrests, it is critical to find an experienced attorney who will investigate and defend your case aggressively. Was it legal for the officer to pull you over in the first place? Was it reasonable to ask you to search your vehicle? Is it possible that the officer lied to you about your consent to a search of your vehicle? What does the video from the body cam reveal? David Enos, an attorney, will fight for your rights by thoroughly investigating every aspect of your case.

Your Marijuana Defense

In Texas, the prosecution must prove the alleged offender committed every element of marijuana possession beyond a reasonable doubt before they can convict the individual of the offense. This means the prosecutor must prove the alleged offender had either actual or constructive possession since possession is a required element to a marijuana possession offense. If the prosecution cannot demonstrate the alleged offender had possession, the marijuana possession charges may be reduced to lesser offense or even dismissed.

Actual Possession – Actual possession can occur of the alleged offender had actual, physical control of the marijuana on their body or in their possession. For example, an individual can have actual possession of marijuana if it is in their pocket, in their car or in their purse.

 

Constructive Possession – Constructive possession is generally much harder for the prosecution to prove and can occur if the alleged offender meets the following three requirements:
They were aware the marijuana was in their presence and it was an illegal substance;
They had the intent to take actual possession of the marijuana; and
They were physically able to take control of the marijuana.

Marijuana Possession Penalties in Texas

Marijuana possession penalties can vary depending on a number of factors, including the amount of the substance and whether the alleged offender has any previous drug convictions.


Two ounces or less can be convicted of a Class B misdemeanor, which is punishable by a jail sentence of up to 180 days and/or a fine up to $2,000.


Two to four ounces can be convicted of a Class A misdemeanor, which is punishable by a jail sentence up to one year and/or a fine up to $4,000.


Four ounces to five pounds is a State Jail Felony which is punishable by a sentence in State Jail ranging from six months to two years and/or a fine up to $10,000.

Five to fifty pounds is a felony of the third degree, which is punishable by a prison sentence ranging from two to ten years and/or a fine up to $10,000.


Fifty to 2,000 pounds is a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.

David Enos represents clients in Childress, Hall, Carson, Oldham and Donley in addition to counties in the Amarillo area.