Unlawfully Carrying a Weapon While Possessing Marijuana – Dismissed!

State v. J.A.; Cause No. 2466***; County Court 7; Harris County, Texas

Defense of Charge: Carrying a Weapon While Possessing Marijuana

Case Result: Dismissed

My client was charged with Unlawfully Possessing a Weapon while in the possession of an illegal substance. In Texas, if you are committing a crime while in possession of a firearm, you can be charged with Unlawfully Possessing a Firearm. This is a Class A Misdemeanor, which is punishable by up to one year in jail and a $4,000 fine. This case resulted in a dismissal. When a client is arrested while possessing a weapon, it is always a difficult case and that is why it is important to hire an experienced criminal defense attorney that has represented people in similar situations, like I have. Harris County and all of the surrounding counties take any criminal case involving firearms very seriously and intend to prosecute defendants to the best of their abilities.

My client was driving his vehicle one night when he was pulled over because officers observed his registration had expired. He had just purchased the vehicle and had not updates the registration. Upon officers making contact with my client, they observed a handgun in plain view sitting in the passenger seat. Next, officers conducted a search. When the search was conducted, officers found a glass jar full of marijuana. My client was arrested for unlawfully possessing a weapon.

Texas has three areas of misdemeanor cases:

  • Class A Misdemeanor: Penalties include a fine of no more than $4,000 and/or up to 1 year in a county jail. Examples of class A misdemeanor are Unlawfully Possessing a Weapon, Assault with Bodily Injury, Assault with Bodily Injury – Family Member, Driving While Intoxicated, Theft, Resisting Arrest.
  • Class B Misdemeanor: Penalties include a fine of no more than $2,000 and/or up to 180 days in a county jail.
  • Class C Misdemeanor: Penalty is restricted to a fine of no more than $500.

An experienced criminal defense attorney is important in a case like this because they can help guide you throughout the process. In this case, my client was a young man who had no idea what he was dealing with. At our initial meeting, he was certain that he was going to jail. I also met with his mother (who was distraught) and she did not want this case to follow her son around for the rest of her life, she was concerned for his ability to get a job and have a normal life. I assured her that I could help, which I did. I assured her that I have handled over a thousand criminal cases and could help resolve this case in a way that would allow her son to have a normal life and prosperous life. After all, he was a good kid that jut got caught in a bad situation. After several court appearances and several meetings with the prosecutor, I was able to get this case dismissed.

Dismissals are the best part of my job. After a dismissal, I am able to tell my clients that their nightmare is over and they can move on with their life. This was a good client in a bad situation and I was happy to get his case dismissed.

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