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1504 West Ave
Austin, TX 78701

512-917-4378

hris Perri Law is a criminal defense law firm located in Austin, Texas.

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Chris' Blog

The blog of Chris Perri Law, written by Chris Perri and Shannon Perri. Read the latest in exciting cases where justice is served.

Filtering by Tag: possession of marijuana

No jail time, no convictions in marijuana transportation case

Chris Perri

Despite being caught transporting approximately 35 pounds of marijuana across the country, my clients won’t have to spend any time in prison after I worked out an excellent plea deal with the reasonable district attorney in Carson County, Texas. My clients were pulled over along I-40 in the Texas Panhandle, and we were prepared to contest the legitimacy of the stop unless we achieved a reasonable plea bargain. The driver was adamant that his passenger's case be dismissed due to the passenger’s lack of knowledge of the illegal contents of the trunk. Eventually, the prosecutor agreed, so the passenger’s case was dismissed, and he’ll be eligible to expunge all records of the arrest in about 2.5 years. Meanwhile, the driver won’t even have a felony conviction on his record because I worked out a deferred adjudication, meaning that as long as the defendant abides by the terms of his probation, a conviction won’t be entered in the case. The catch was that he had to pay over $6500 in various fines and court costs. Still, that’s a lot better than facing the penalty range of a third-degree felony (2-10 years in the state prison, which isn’t fun for first-timers).

Also, the outcome represents an implicit understanding that marijuana isn’t a terrible drug like methamphetamine, cocaine, or heroin. In fact, most of the people who were supposed to receive my clients’ marijuana were cancer patients who use it as medicine to help cope with the side effects of chemotherapy. Even though the expensive fines may seem quite harsh, that money will go to good use in the Texas Panhandle, as it can be used towards public goods, such as education and environmental initiatives. In the end, that’s a true win-win!

Marijuana charge dismissed

Chris Perri

The progressive Travis County Attorney’s Office dismissed my client’s possession of marijuana (POM) charge today in exchange for him pleading guilty to a lesser charge of possession of drug paraphernalia, which is a class C misdemeanor (same category as traffic offenses). All my client had to do was pay $172 in fines and court costs. In POM cases like this one, which was a class B misdemeanor because it involved less than two ounces of marijuana, the Travis County Attorney usually gives first-time offenders a break. The prosecutors recognize that a POM conviction results in the burdensome automatic suspension of an offender’s driver’s license for six months, which can often lead to someone becoming a repeat offender if they drive with the suspended license. Our prosecutors want to put these defendants in the best possible position to overcome their criminal charge, so they’ll usually dismiss the charge in exchange for the defendant completing a 15-hour drug education class and community service.

Now that police officers are permitted to issue “sign and release” citations whereby POM defendants aren’t booked into jail when they possess less than two ounces, marijuana possession could almost be said to be “decriminalized” for first-time offenders in Travis County, as they’re likely to have the charge reduced to the same grade as a traffic offense, which carries no possibility of jail time.

On the other hand, if you go up the road to Williamson County, the situation is much different. Even if you get caught with just a joint, you’re likely to be sentenced to 18 months probation, and if you violate any conditions of that probation, it’s not uncommon for one of the no-nonsense judges to slap you with a 90-day jail sentence.