subject: Austin Marijuana Possession: Protect Yourself From Criminal Issues [print this page] Every country and state has different laws especially when it comes to possession. Suppose, if a state policeman arrest you then your outcome will follow whatever that particular states laws in concern to marijuana possession. In case if youre arrested by a federal agent, then there is the possibility that you are violating the law at wider level. Its also the fact that the federal agents never come to your door unless youre involved in any serious illegal issues.
State charges for possession of marijuana vary and if you have a prior offense will affect the sentencing. On the Federal level, possession for a first offense can be a misdemeanor that may give you up to one year in prison and up to $1,000 in fines as well. And if youre involved in prior offense including other criminal activity then there is a possibility for the verdict to get arrested and charged on permanent criminal record.
Austin marijuana possession means if youre caught by the law with a small amount, it is seen as a minor infraction. If you have any criminal record then it might affects the outcome. If youre arrested for possession in a state that has not decriminalized marijuana the consequences are much more serious, as stated above. There are many people argue today that marijuana should be reclassified by the government. However, for many the possession, use, manufacturing and transporting of marijuana is a crime that is easily punishable under the law.
Despite of your personal stance on Austin marijuana and its legalization, there are laws that rightly define it as a controlled substance. In case if youre arrested for possession of marijuana without mattering any circumstances, you need an experienced criminal attorney to help you by explaining your rights and represent you in the court.
Austin, Texas differentiates between types of possession. Lets have a look:
Actual Possession It usually means the marijuana was in the alleged offender's hand, on their body, in their clothing or within their immediate reach.
Constructive possession It means the alleged offender was able to take control of the marijuana, they had the knowledge that the marijuana was in their presence. Because of all the requirements necessary to offend on a productive basis and this is truly impossible to change to prosecute.
