Ellis County Possession of Marijuana Attorney

Are You Looking for the Best Ellis County Possession of Marijuana Attorney?

If you’re looking for the best Ellis County Possession of Marijuana attorney, then Paul Saputo and Nick Toufexis want to represent you. Our distinguished senior defense lawyers, Paul Saputo and Nick Toufexis, expertly bring the firm’s full resources to bear in Ellis County Possession of Marijuana cases.

All of the Saputo Toufexis | Criminal Defense attorneys have dedicated their careers to defending clients in criminal courts. We maintain an unwavering dedication to delivering expert representation, and we represent clients who expect this highest level of legal representation.

We’re not just Ellis County Possession of Marijuana lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. Winning you case requires more than just advocating for you in the Waxahachie courtrooms. As your Ellis County Possession of Marijuana attorney, we advise you on the range of issues you will undoubtedly face throughout the criminal prosecution.

Our experienced team works tirelessly to build a strong defense and protect our clients’ rights. We can provide you with an effective defense strategy for your Ellis County Delivery of Controlled Substance or Marijuana to Child case. Call us or book an appointment online today.

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Contact an Ellis County
Possession of Marijuana Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Ellis County Possession of Marijuana Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Possession of Marijuana charge dropped in Ellis County, Texas?

In order to get a Possession of Marijuana charge dropped in Ellis County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §481.121.^[1] Our lawyers are experts in the Texas law regarding Possession of Marijuana, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Possession of Marijuana statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Possession of Marijuana statute in detail on the Possession of Marijuana offense page. We also maintain our expertise by keeping up with the latest case law affecting Possession of Marijuana cases in Ellis County.

One such case is Mitchell v. State.

Mitchell v. State

In Mitchell v. State, decided on March 7, 2019, by the Court of Appeals of Texas Seventh District Amarillo, Kiana Meshon Mitchell appealed her conviction for the Class B misdemeanor offense of Possession of Marijuana in an amount less than two ounces in Ellis County. She was sentenced to forty-five days of confinement, suspended in favor of fifteen months of community supervision. Mitchell’s appeal focused on the trial court’s dismissal of late-arriving venire members without justification and its partial denial of her motion to suppress evidence obtained during a traffic stop where she was found in possession of marijuana.

The appellate court affirmed the trial court’s judgment, holding that any error in the trial court’s denial of the motion to suppress was harmless because Mitchell admitted on the stand to possessing the marijuana. The court also found that Mitchell did not preserve her complaint regarding the dismissal of the late-arriving venire members for appellate review, as she did not object to their dismissal at the trial. This case underlines the importance of procedural steps in preserving issues for appeal.

The appellate court’s decision highlights the principle that admitting to facts on the stand can negate earlier procedural errors regarding evidence admissibility. Mitchell’s own testimony confirmed her possession of marijuana, rendering any error in evidence admission harmless. This ruling underscores the consequences of defendants’ testimony and the importance of the appellate courts’ role in evaluating procedural and evidentiary claims.

What does a Possession of Marijuana charge really mean?

The general definition of the Texas charge of Possession of Marijuana, according to the Texas Penal Code, is as follows:

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

Law Enforcement Agencies in Ellis County that Make Possession of Marijuana Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Possession of Marijuana in Ellis County. Law enforcement agencies in Ellis County that most typically make Possession of Marijuana arrests include:

• The Ellis County Sheriff’s Office handles Possession of Marijuana cases throughout Ellis County, Texas.
• Waxahachie Police Department serves as one of the municipal police departments within Ellis County and plays a significant role in Possession of Marijuana cases.
• Midlothian Police Department is another key agency in Ellis County responsible for law enforcement and Possession of Marijuana cases within its jurisdiction.
• Red Oak Police Department serves the community of Red Oak within Ellis County and may handle Possession of Marijuana cases within its jurisdiction.
• Ennis Police Department is responsible for law enforcement within Ennis and may contribute to Possession of Marijuana arrests within its jurisdiction.

How do Ellis County Possession of Marijuana defense lawyers beat a Possession of Marijuana case?

To beat a Possession of Marijuana charge in Ellis County, Texas, you must employ every procedural tool to obtain information and thoroughly investigate the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.

Even if you believe you cannot beat the case, as your Ellis County Possession of Marijuana attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Ellis County Possession of Marijuana Attorney Case Defense Strategy

In defending against a Possession of Marijuana charge, we might challenge the state’s accusation that you or someone you know intentionally or knowingly possessed marijuana. If the state can’t prove this mental state beyond a reasonable doubt, you will win the case.

You might also challenge the constitutionality of the search that led to the discovery of the marijuana. If the police searched you or your car or home without your consent, the search may have been illegal if they did not obtain a search warrant in advance.

If your case started in 2019 or later, you may also be able to challenge the state’s accusation that any cannabis you possessed was actually “marijuana” as that is defined in the new 2019 Texas Hemp law. If the state can’t prove the necessary THC quantity, then the marijuana isn’t really marijuana at all (for the purposes of this law). It would be considered Hemp.

How much does it cost to fight an Ellis County, Texas, Possession of Marijuana case?

Attorney’s fees for a Possession of Marijuana charge typically range from $1,500 to $3,500 for misdemeanors and more for felonies in Ellis County, Texas. You can expect to pay higher attorney fees for more complex cases. Some Ellis County Possession of Marijuana lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.

In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Ellis County, sometimes travel fees may apply.

What You Should Do if You Are Falsely Accused of Possession of Marijuana in Ellis County

Even when falsely accused of Possession of Marijuana, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Ellis County District Attorney has charged you with Possession of Marijuana, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Ellis County Possession of Marijuana attorneys.

How can you modify your Ellis County bond conditions after a Possession of Marijuana arrest?

Start by consulting with your Ellis County Possession of Marijuana attorney. Work closely with your attorney to build a compelling case for the requested modifications.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at an Ellis County arraignment?

At your arraignment, an Ellis County judge will hear your plea of not guilty. In Ellis County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Possession of Marijuana, then Texas Code of Criminal Procedure §17.40 requires Ellis County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Ellis County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Ellis County Possession of Marijuana charge in Ellis County?

The Texas Penal Code defines the penalty range for Possession of Marijuana offenses across Texas. The Health and Safety Code classification of the punishment for Possession of Marijuana ranges from a Class B misdemeanor to a first degree felony, depending on the amount of marijuana possessed. However, it is important to consider the potential collateral consequences of a Possession of Marijuana conviction. These collateral consequences are additional penalties not directly outlined in the penal code’s penalty scheme, but nonetheless accompany the conviction. Your Ellis County Possession of Marijuana attorney should discuss these consequences with you before you decide how to handle your case.

The exact penalty one might face from a Possession of Marijuana conviction varies greatly, influenced by factors such as you prior criminal record and the offense specifics. You can find details on the penalty range for all Possession of Marijuana here. For specifics on typical penalties in Ellis County Possession of Marijuana cases, call us to schedule a consultation or book a consultation online.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Ellis County Possession of Marijuana lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Ellis County Possession of Marijuana attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

The best law firm in Dallas. Super responsive, knowledgeable, and transparent.

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Health and Safety Code §481.121.