Can I get the possession of marijuana case dropped?It was roaches found in a store bought ash tray. There was also cigerette ashes in there as well.

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get the possession of marijuana case dropped?It was roaches found in a store bought ash tray. There was also cigerette ashes in there as well.

I don’t want this charge on my record because I’m trying to get teacher certified. I wasn’t smoking that night. I wasn’t in the car when they noticed some roaches. The park ranger called the police I guess and when I was dropped back off at my car they ran up on really quick as if I was trying to flee and were really looking to find some reason to take me to jail. My children were in the vehicle next to mine with my girlfriend and they witnessed the whole thing crying. The officer desperately tried to find drugs in my car and all he found were the roaches. Told me it would be a lesson learned.

Asked on April 20, 2009 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am afraid I don't understand how this all occured. It sounds as if the park ranger witnessed someone smoking.  You don't have to smoke marijuana to be charged with possession.  Your charge is not what is only on your record.  Your background checks will usually come back with a charge and conviction if you were convicted.  If it was dismissed (dropped), or you were found not guilty, then you seek to get the records sealed and charges expunged so it doesn't appear on any record and you don't have to report it under any crimes committed or charged with.

Find a lawyer in your state who handles texas criminal expungements for charged/convicted persons.  Try www.attorneypages.com or the Texas state bar.

Texas. Crim. Proc. Code Ann. 55.01

(a) A person who has been placed under a custodial or non-custodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or (B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and (C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

(1) tried for the offense for which the person was arrested; (2) convicted of the offense; and (3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode. (d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption