You've just been accused of possession of controlled substance, and, not only did you not possess the drugs in question, but you also don't even do drugs. What should you do? The first thing I would suggest (after speaking with a lawyer) is going to to a walk-up medical clinic and getting a hair follicle test. We have had several clients that have used the results of hair follicle tests to get drug cases dismissed. These are the same clinics that many employers send their employees to in order to get drug- tested. Many of these clinics will do a drug test for anyone who requests one at a pretty reasonable price.
Why a hair follicle test? Because a hair follicle test, as opposed to a urinalysis, can often go back for several months, which insures that it covers the day on which you were arrested. Even though you, technically, do not have to have actually consumed the illegal drug in question to be guilty of possession, most people who possess a drug also use it. So evidence that you have not used a particular drug for several months prior to the date of arrest is pretty persuasive evidence for many prosecutors that a case should be dismissed. Now, if God forbid, the test comes up positive, you are not obligated to reveal the results to the prosecution. Only you and your lawyer need know. So there really is not a down side to having the test done.
There must be a misprint in this morning's New Braunfels Herald-Zeitung. Someone is actually making a reasonable proposal having to do with law enforcement on the Comal and Guadalupe Rivers. State Rep Doug Miller is introducing legislation that would change some criminal trespassing cases from Class B Misdemeanors to Class C Misdemeanors. This is being proposed in response to the number of arrests made every summer on the Comal and Guadalupe. Most of the property along these two rivers is private, and when tubers get out of the river at places not open to the public (to rearrange clothing, grab a drink, wait for friends who are upriver, etc.) they may be committing criminal trespass. At the moment, Criminal Trespass is a Class B Misdemeanor, which means it carries a potential jail sentence of up to 180 days, or supervised probation of up to two years (not to mention that is can leave a permanent mark on someone's criminal record).
Changing some Criminal Trespass cases to Class C Misdemeanors would lower the potential punishment to a fine of $500.00, essentially making the offense the legal equivalent of a traffic ticket. Not only would this make life easier for the people being charged (most of whom weren't trying to harm anyone) but also make life easier for local law enforcement. Police now spend countless hours making arrests for Criminal Trespass on the rivers every summer -- which includes the time not only to take a person into custody, but also to transport the person to jail, book them, generate a police report, and take the person in front a magistrate to set bail. Taking these people to jail also takes up badly in needed bed space in a jail that is often bulging at the seams during the summer. Allowing a Criminal Trespass to be a Class C misdemeanor in some circumstances would give cops greatly leeway to simply issue a citation to someone rather than making a full-blown arrest. Like I said, this makes a lot of sense, so I'm not holding my breath on this actually getting passed in the Texas Legislature. But I will cross my fingers and keep you posted as this bill is considered.
If you have the great misfortune of having a Possession of Marijuana case in Comal County, you need to be aware that the outcome of your case may hinge on your ability to pass a drug test. Currently, there are two county court-at-law judges hearing possession of marijuana cases in Comal County. Before accepting a plea bargain deal, both judges will grill a defendant about whether or not he would pass or fail a drug test to be given immediately after the acceptance of the deal. One judge flat out refuses to allow a plea to move forward if the defendant admits that he would fail a drug test.
Both judges have a policy that, if a defendant states that he will pass a drug test, a deal for probation is accepted, and then the defendant later fails a drug test that day, then the defendant will receive ten (10) days in the county jail as a special condition of probation. I have lost track of how many defendants have been offered deals that would allow them, at some point, to either expunge or partially seal their criminal records, only to have the deal busted (or worse, to have been locked up in jail ) because of a dirty urinalysis. I have also lost track of how many defendants in Comal County marijuana cases have lied to their attorneys about whether they would test dirty, only to confess to drug use once they have gotten in front of the bench and started staring ten days in the face.
If you have a Comal County Possession of Marijuana case, remember these things: 1. For the purposes of a urinalysis, the markers for marijuana use will stay in your system for approximately 42 days. Forget all the junk you've read on the internet or heard from your buddies about eating certain foods, drinking gallons of water, "sweating it out", or any of the other nonsense floating around about how to get past a UA.
Over the years, I have seen many people try to fool drug tests, only to fail. If you have consumed marijuana within 42 days of your court date in Comal County, do not lie to the court and take your chances. You are only buying yourself jail time; 2. Don't lie to your lawyer about whether or not you've smoked. If you have recently smoked, your lawyer can't help deal with that fact if he doesn't know; 3. This may sound radical, but you might want to abstain from using illegal drugs while you have a drug case pending. It's not worth an extra trip to jail or a drug conviction of your record the next time you apply for a job. Just saying...