Possession of Marijuana Misdemeanor

Our Criminal Defense Case Results

POSSESSION OF MARIJUANA
Case No. 1980500 -Marquis P.

DISMISSED April 14, 2015

Marquis was visiting with friends when police kicked in the door on a search warrant and found marijuana under the sofa where Marquis had been sitting. Stolen assault rifles, cash and a large quantity of marijuana were also found in another room. 4 total arrests were made including of Marquis’ friend who was charged with Felony possession of marijuana. They wanted us to represent them both and the only way we could ethically do so was to have them sign a conflict of interest waiver. We fought this case for over half a year to prove beyond a reasonable doubt there was not enough evidence to connect Marquis to the marijuana.


POMPOSSESSION OF MARIJUANA-ENHANCED W/ PRIOR CONVICTION
Case No. 2001197–Phillip P.

DISMISSED April 1, 2015

Phillip had a prior marijuana arrest record when charged with Possession of Marijuana following a stop and search of his vehicle.  We laid the groundwork for our defense by using medical records to prove a recent history of negative drug screens including one from 4 days after his arrest.  We then proved then successfully argued the lack of conclusive evidence – that the car was a family car and not registered to him or driven by him exclusively, and that it had been in an accident just weeks before the arrest and taken to several repair facilities for estimates – at any one of which someone could have left the marijuana in his vehicle.


POSSESSION OF MARIJUANA
Case No. 1940515 – Luis P.

DISMISSED BY 1ST COURT APPEARANCE Jan. 24, 2014

Luis was sitting in a parked car in an apartment complex talking with a friend. Police approached and asked if he was selling drugs to his drugs 74friend. Luis replied no, just talking, but was searched, illegally,anyway. marijuana and zanax pills were found in his shoe. Luis had several priors for Possession of Marijuana and PCS and told us he would be happy with a fine and the least amount of jail we could get. Instead we presented and argued the clear violation of his constitutional rights to get both cases dismissed by the time of our first court appearance.


Drugs 50POSSESSION OF MARIJUANA
Fort Bend County Case No. 12-CCR-162935 – Vidar H.

DISMISSED

Vidar was a white passenger stopped in a “cool car” driven by a black male due to a dark window tint pretext.  After checking the tint with his meter, and claiming it was at 2% – in violation of the TX Trans Code – the officer claimed he smelled marijuana and needed to search. Several thousand dollars in cash were found along with 6 bags of marijuana.  Vidar was a college student from Norway and needed this case to be dismissed so he could return to Norway to finish school. The DA’s office aggressively encouraged Pre-Trial Diversion but we refused to back down. We had our client take a drug screen which showed negative for marijuana and particulates to better position us at Trial.  Although the test was taken proximate to the date of arrest, the DA’s office contested its strength and validity. We nevertheless filed the favorable lab results in admissible form in preparation for Trial along with other Discovery/Evidence motion. Not surprisingly, the key evidence – the police video– which greatly helped to exonerate our client – was the one the DA’s dragged their feet on most. We worked several months to obtain a copy of this which wasn’t made available to us until after 5 on the day before we were to set the case for Trial.  When we finally had the DA’s in a position to review all the evidence, Mr. Haggard successfully argued the case to a Dismissal.

I received a letter from Dr. Haggard’s law firm after I was wrongfully arrested on a marijuana possession charge. I chose Dr. Haggard as my lawyer and that was the best decision I made. If you want an attorney to fight for you and get you out of legal trouble, call Dr. Carl Haggard. He saved my future. I was a passenger in a car when we were pulled over for a window tint violation. When the officer approached the vehicle, he smelled marijuana and took us out of the car and placed us in handcuffs. The officer found six small bags of marijuana inside the car. The officer took both of us to jail and I got a Class A misdemeanor. Dr. Haggard got my case dismissed because he filed Motions to obtain video evidence and in the video evidence the driver of the car states that the marijuana was his.
~ Vidar H.


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Case No. 1776023 – Juanita L.

DISMISSED on MOTION TO SUPPRESS for LACK OF PROBABLE CAUSE

WARRANTLESS SEARCH by CPS and POLICE in VIOLATION of 4TH AMENDMENT
IN CPS and POLICE HOME INVASION

This was a CPS/police home invasion case. Juanita had prior drug-related convictions including a Possession of Marijuana case as recently as 2010. She arrived home in Dec. 2011 to find CPS and police near the end of a five-hour search on a baseless “tip” that cocaine and marijuana were being sold out of her house. They had been admitted to the home without probable cause or any warrant and then proceeded to bully and coerce her into making alleged statements [the content of which was fabricated] and into signing a ineffective consent to search after the fact. The coercion centered around the illegal and unconstitutional threats of CPS to remove her children if she did not cooperate. We argued in Court and in our Motions that removal of children is not justified on the basis of a CPS “informant” nor can such be the basis of any threat to obtain a search warrant if consent is withheld. Under this force majeure, she unlocked her bedroom and marijuana was found inside a locked closet. (It belonged to a friend in prison who was storing his things there. She had no knowledge it was among his effects but that wasn’t the issue. It turned rather on the warrantless search, the ineffective consent, and the lack of probable cause in violation of several US and State Amendments.) CPS ultimately did remove her children on the [false] allegations that Juanita was smoking marijuana around them. (We easily disproved this by a drug test but CPS had decided to wage a war of harassment on Juanita through the Family Law courts and the children were not returned to their mother until we won the Possession case. ) The DA’s accepted charges based on numerous police lies which we successfully fought in our Motion to Suppress Evidence, Motion to Suppress Statements and Hearings. We proved her “consent” was neither free nor voluntary as being based on CPS threats and police coercion and as she was never informed she could refuse to sign the consent. She allegedly gave a statement claiming knowledge of the marijuana but we suppressed this statement – if it was uttered at all – as having been coerced. This alleged statement was moreover extracted by police after the search was underway using a coerced and therefore ineffective “consent”. We argued and demonstrated that her 4th, 5th, 9th and 14th Amendment rights were violated both as to the U.S. Constitution and the Texas Constitution – although the DA’s Dismissal lists only “…violates 4th Amendment.” That’s fine – a Dismissal is still a Dismissal for one or more reasons!

My faith had been lost in the justice system. Thanks to Mr. Haggard’s hard work and determination in fighting against CPS, law enforcement and many odds, we won. His Motion to Suppress was superb. After many court appearances and hours of hard work and several Motion settings he convinced the judge that here was no Probable Cause for police to invade my home. And he convinced them that someone had been lying about my smoking marijuana. I was so thankful to Mr. Haggard for his hard work and faith in me that I had been telling the truth when others did not believe me. I can’t express my gratitude. I searched through the flyers that had come to me after my unlawful arrest and Mr. Haggard’s profile stood out. Working with him and seeing his professionalism and determination validated what I had read. I would highly recommend Mr. Haggard to anyone needing a defense. Thank you again Mr. Haggard. Nothing else could be a better gift than being cleared after such an ordeal.
~Juanita L.


Drugs 51MISDEMEANOR POSSESSION OF MARIJUANA
Case No. 1684668 – Kevin H.

DISMISSED

When Kevin was younger he had a serious motorcycle accident which caused him to lose his baseball scholarship to UT. Very depressed and on pain medication, he also became addicted to marijuana. This preacher’s son stopped attending church and started running with the wrong crowd until he was arrested for Possession of Marijuana. He overcame his addiction and went on to become the superintendent of a large construction company, requiring that he frequently fly out of state. Old addictions die hard and he recently fell off the wagon and started using again after having too much to drink at a party. Soon after, as he was walking through the metal detectors at Hobby Airport, a baggie of marijuana fell to the ground. Afraid of a conviction and losing his hard-earned position with his company, he retained The Haggard Law Firm to help. We advised him of what he needed to do and we on our part advocated his case to the Court and were able to obtain a Dismissal and save his job.


MISDEMEANOR POSSESSION OF MARIJUANAk9 car4
Case No. 1537074 – Randall C.

DISMISSED

After stopped for failing to make a complete stop at a stop sign, Randall’s car was searched by HPD police who found marijuana and a pipe in the center console. Although a clean record does not always help obtain a Dismissal, in this instance Randall’s prior clean record was one of the factors in the case which helped Mr. Haggard win the Dismissal.


Drugs 52MISDEMEANOR POSSESSION OF MARIJUANA
Case No. 1413173 – Kevan S.

DISMISSED

Kevan was a college student who was a passenger in a car stopped for speeding after leaving a club. The vehicle was searched without permission. marijuana and codeine were found. Both our client and the driver were arrested. Mr. Haggard filed Motions to obtain the video of the arrest scene. This video and other exculpatory evidence which Mr. Haggard discovered and presented enabled him to prove sufficiently that our client was not aware of the presence of illegal drugs in the vehicle.


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Case No. 1348435 – Carlon C.

DISMISSED

There were several problems with this case including problems with the stop and the search, one of which was that Carlon did not give his consent to the search of his vehicle. Although Marijuana was found under a passenger seat, Mr. Haggard was able to obtain a Dismissal.


Drugs 1MISDEMEANOR POSSESSION OF MARIJUANA
Case No. 1146823 – Nickolas B.

DISMISSED

I was on parole and caught three additional misdemeanor cases. When I lost all hope and thought all cards were against me, Mr. Haggard was by my side fighting for my freedom. He was my Wild Card!
~ Nickolas B.

Possession of Marijuana
Case No. 1246649 – Mark H.
DISMISSED BY FIRST COURT APPEARANCE

Possession of Marijuana
Case No. 1215191 – Quincy J.

DISMISSED

Possession of Marijuana
Case No. 1077489 – Erik S.

DISMISSED

Possession of Marijuana
Case No. 1052664 – Bill B.

DISMISSED

Possession of Marijuana
Case No. 9834397 – Thomas K.

DISMISSED