Legal Question in Criminal Law in Texas

carrying firearm w/o license while possessing less than (1)gram of marijuana

Pulled over w/.45 under my seat and small marijuana pipe w/less than 1 gram of pot in it. What exactly does the combination of firearm/drugs charges mean insofaras sentencing, etc? The firearm was purchased legally in Az, when I was stationed there. What are typical pleas in this situation?

Thank you


Asked on 1/17/05, 4:11 pm

1 Answer from Attorneys

Dan Montalvo Dan Montalvo Attorney at Law

Re: carrying firearm w/o license while possessing less than (1)gram of marijuana

In large quantities of drugs a firearm can play a part in the sentencing directly in that it can be used in felony drug offenses. see: Texas Code of Criminal Procedure Art. 42.12 Sec. 3g(a)(2). However, in such small cases it really doesn't play a legal part.

However, as a practical matter, it depends on the view of the district attorney that will make the recommendation in your case vis a vis their view on firearms and drugs and their combination.

Normally, if you don't have any priors i would expect a recommendation of probation. However, should you have any priors that could also play a part.

Be honest with whomever you decide to hire as your criminal lawyer. Additionally, you may have issues to look at in terms of the stop, search, and affirmative link to the weapon and the drugs. Please don't tell me you gave them permission to search your vehicle!!!

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Answered on 1/17/05, 4:33 pm


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