Please Smoke At Home

As Houston Criminal Attorney I get to come across unique people that have the public's best interest at heart.  A Harris County Judge that I will not name, often admonishes defendants charged with Possession of Marijuana that if  they are going to smoke pot, smoke it at home. Yes, it is illegal, but you are more likely to get arrested if you are smoking in your car or carrying it on your possession.

Very recently I represented a client who would have been wise to adhere to this advise. My client is a boxing fan and wished to see his idol Oscar De La Hoya in the years most widely anticipated match with Manny Pacquiao. To that end my client (we'll call him Bob) headed over to his buddies who purchased the pay per view. On the way, Bob's car stalled out. A couple of teenagers walking by, decided to help Bob push his car. Although his night wasn't going as planned, Bob thought he could still make the fight.

Bob was wrong. A couple of minutes later  a cop pulls over to see whats going on. It shouldn't have been a problem, but is was. First the teenagers run off at the sight of the police. The policeofficer is now very suspicious and begins questioning Bob regarding the teenagers. Bob can honestly say he has no clue as to why they ran. The police officer asks Bob if he can search his car and if he has anything illegal. Bob is forthcoming and willing to consent to a voluntary search. But the search is not needed because Bob tells the cop that he has marijuana in his pocket. Busted. Now it looks like Bob will definitely not make the fight.

But wait, his luck turns. Because he is honest, the friendly police officer decides to confiscates the marijuana (saying he will destroy it) and Bob can go on down  the road.

Just when Bob thinks he will be home free, his luck turns back for the worse. A drunk driver plows into the officers patrol car. The officer and Bob were fine, but now there are other officers on the scene. The officer cannot now let Bob go.  He must explain why he had marijuana in his possession and a possible suspect. Bob is charged with possession of less than two ounces of marijuana, a Class B Misdemeanor that could affect his job and his driver's license. Of course he can possibly get the case off his record and get an occupational license, but if he would have just left the marijuana at home, he wouldn't be facing the the legal consequences.