QUESTION
Will they find me guilty of use of marijuana if I go to jury trial or should I accept 1 year probation?
Asked on Sep 28th, 2013 on Criminal Law - Texas
More details to this question:
A friend and I were standing a little behind a friend's home. We had a bowl with no marijuana in it, only residue. Officer came back there and caught us with bowl in my hand. The thing was we weren't smoking, we didn't even have weed we were just talking. My friend admitted to the officer it was his bowl piece. The officer charged us with use of marijuana. I have dropped for the courts since then and have came up clean. I plead not guilty at my court as did my friend. He later changed to guilty. The courts gave him a year probation. I'm thinking of taking my charge to a jury trial. In the police report, the officer said he smelled the odor of marijuana but we had never lit the residue. Should I go to jury trial? This is also my first charge of any kind in my life. Please help.
5 ANSWERS
Alexis Anne Plunkett
Residue technically IS marijuana. You would likely be found guilty at trial, but you should consult with a criminal defense attorney; if you do go to trial, you definitely do not want to represent yourself. Without reading the precise statute, it is hard for me to give you more information.
Answered on Oct 01st, 2013 at 4:45 AM
Thomas Edward Gates
What evidence do you have to present to the court that would counter the police testimony. The possession of the bowl is another offense they could have charged you with.
Answered on Sep 30th, 2013 at 8:31 PM
1 Award
You have a good argument for a jury trial: you can argue it was your friend's. He even admitted it. Hire a lawyer to help you and you improve your chances of acquittal. Remember, even misdemeanors can have long lasting effects on your life.
Answered on Sep 30th, 2013 at 8:02 PM
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answered on Sep 30th, 2013 at 8:01 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
You need to discuss how to proceed with your lawyer who will have access to all the information about the case.
Answered on Sep 30th, 2013 at 4:45 PM