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Amarillo Marijuana Defense Lawyer
“David did a really great job on my case. I got arrested with 123 pounds of marijuana near Amarillo, David got me a great plea deal of deferred adjudication so that when my probation is over my case will be dismissed. Not a day in prison.” V. Boutsomsi, Gulfport, FL
“David got my second degree felony possession case reduced to a MISDEMEANOR. I was facing up to 20 years in prison and thanks to David, wound up only paying a small fine and checking in and out of jail the same day.” B. Sparling, Richardson, TX
A successful marijuana defense requires an attorney with years of experience. Attorney David Enos has earned a strong reputation with clients, prosecutors and Judges by actively defending those arrested for marijuana related charges for more than 20 years. Texas law enforcement has the reputation of profiling people traveling on I-40 and highway 287 to make questionable arrests and so it is important to hire an experienced attorney that will aggressively investigate and defend your case. Did the officer have the right to pull you over in the first place? Was there justification to ask you to search your car? Did the officer lie about your giving consent to search your vehicle? What does the body cam video show? Attorney David Enos will protect 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.