I'm a first time offender. Will I get Jail Time if I'm caught with Marijuana? How about probation? Can I clear my record?
First time offenders are typically afforded more latitude in plea bargaining and negotiating then individuals with multiple arrests or a lengthy criminal history. That being said, any offense in Texas more serious than a Class C misdemeanor carries with it the possibility or potential for jail time or community supervision. On a Class B Possession of Marijuana, there is the potential for up to six months in jail; however, as a first time offender "in Travis County"arrested with a small amount of Marijuana, it's unlikely you'll see jail time aside from potentially pre-bond periods. But in Hays County, they still give full probation and jail on POM cases.
Often, with a skilled defense lawyer, individuals arrested or cited for possession of marijuana can avoid jail and even probation, depending on the case, the facts, and the offender's history.
While there's no guarantee, it's always better to hire a lawyer to assist in marijuana possession cases to attempt for a dismissal, to retain a clear criminal record. If the case is dismissed (aside from Deferred Adjudications), then you're potentially eligible for an Expunction. Call for more details.
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