Austin Criminal Defense Lawyer: Jamie Spencer

Regrettably, possession of marijuana is still a serious offense in Texas.  While possession of less than 4 ounces is “only” a misdemeanor, unfortunately, marijuana convictions carry with them several oppressive consequences, above and beyond what a judge may sentence you to. 

First, the good news: while possession of even the smallest usable quantity of marijuana is a Class B misdemeanor, it is unlikely that a first arrest for possession of marijuana will result in jail time.  Of course, I need to add all the usual lawyer language here and say what you already know: it would be unethical for me to promise a certain result, or guarantee a specific outcome in any case. 

But, I think it’s important to note that very few people are sentenced to jail for a first time marijuana possession charge in Texas.  Many of my clients have never been arrested before, for anything.  Some of my clients are deathly scared when they first come to see me about the likelihood that they will have to go back to jail. 

And some lawyer internet sites even make it seem like jail is the most probable result.  Personally, I suspect that this is to convince potential clients that they have worked some sort of a miracle by getting an agreement for probation. 

So I like to reassure folks, right at the start, that they are not seriously staring at a realistic possibility of jail time for first time marijuana offenses. 

Having said that, here’s the bad news:  a conviction for possession of marijuana that results in a “no jail time” probation will usually come with a reduced fine and some community service.  And a permanent criminal record. 

I always tell my clients that the real punishment when being convicted of marijuana possession is… the conviction itself.  Convictions literally stay on your record forever.  All future employers will be able to see it (not to mention friends, family members, nosy neighbors, etc.)

Marijuana convictions carry a mandatory 180 day driver’s license suspension as well.  Yes, even if the offense was committed nowhere near a vehicle. 

Drug convictions carry periods of ineligibility for Federal student financial aid.  Non citizens can be deported, even for misdemeanors.  The list of collateral consequences for marijuana convictions is truly staggering. 

Back to more good news:  if you have never been arrested before, and are currently charged with possession of a misdemeanor amount of marijuana in Austin, Texas, there are steps we can take to reduce your chances of being convicted. 

Every case is different, of course, and your particular case may involve either claims of actual innocence, or perhaps the more common defense: “The State can’t prove I am guilty.”  Those are substantive defenses. 

More common in marijuana cases, however, are what I call “equitable” defenses.  This involves convincing the prosecutor that while they could convict you, they shouldn’t. 

The most common route in Travis County to a possession of marijuana dismissal is through Pretrial Diversion.  This entails doing community service (same as if you were convicted and put on probation), and a promise to stay out of trouble for a year.  If you are accepted into the Travis County Pretrial Diversion program and successfully complete it, you are entitled to expunge the arrest from your criminal history. 

Reductions of charges to Class C misdemeanors (i.e., traffic ticket level offenses) are also possible.  You will need to speak to a lawyer well versed in achieving favorable outcomes in marijuana cases to know what steps you need to take to increase your chances of a good result in your paticular case. 

Please feel free to call me at (512) 472 9909, or email me at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , and I will be happy to set you up with a free consultation to discuss your case with you.  After we talk about the specific details in your case, I will be able to speak in less general terms about the likely range of outcomes we can reasonably try to achieve.