What are the potential punishments I could receive for Possession of Marijuana (POM)?
There are several different ways to resolve a drug case and the way we handle it depends on the facts of the case. Due to various circumstances, some options may not be available to everyone. The attorneys at Rosenthal Barbieri will look at your unique situation to determine which one will most benefit your legal issue as well as your life. Here are some of the options that might be available to you.
Pre-Trial Diversion (PTD) – PTD is a probation period with the District Attorney’s (DA’s) office where a person is supervised for a period not to exceed 2 years. This program operates much like regular probation in that it requires fees, classes, monthly reporting, community service, etc. After successful completion of the program the case is dismissed. Additionally, after the proscribed period for the offense it can be expunged (cleared from your record).
Deferred Adjudication Probation – Deferred Adjudication Probation is where the judge defers his finding of guilt and places a person on probation for a period not to exceed 10 years. Upon successful completion of the probation period the judge will dismiss the proceedings against the person and discharge them from probation. Additionally, after the proscribed period for the offense, the person may apply for a non-disclosure. A non-disclosure will prevent the public from viewing this offense.
Straight Probation – With straight probation, a person is found guilty, convicted, and sentenced to a term in jail/prison, which is then “probated” for a specified period of time resulting in the person being placed on probation in lieu of confinement. This results in a final conviction that will stay on your record for the rest of your life.
Jail/Prison time – A person will have the option of choosing jail/prison time instead of a probation period. Additionally, there are instances where an individual is not eligible for probation or probation is not offered by the DA’s office. If a person accepts jail/prison time, the person will be found guilty, convicted, and sentenced to the agreed upon term resulting in a conviction that will stay on their record for the rest of their lives.
Trial – A person always has the option of taking their case to trial. An individual is constitutionally entitled to a jury trial if they should so choose. At a jury trial the individual will have the opportunity to confront and cross examine their accusers, put on evidence, and most importantly require the state to meet their burden. There are times when this is the best option for a person that is actually guilty of the offense in which they are charged. Your attorney will evaluate your case and give you solid legal advice as to whether this option is right for you.
Rosenthal Barbieri will stand by your side from the beginning to the end of your case and provide you with the legal defense and guidance you deserve. Contact our Collin County criminal defense law firm today (972) 369-0577.