Possession of Marijuana (“POM”) [which is actually spelled “marihuana” in the Texas Health and Safety Code] is a seemingly simple offense. If a person “knowingly or intentionally possesses a usable quantity” then they’re guilty, right? Well, at Frazer & Frazer, P.C. we don’t make anything that simple for the prosecutors. There are the rare occasions where clients honestly didn’t know that drugs were in the car, house, etc. That’s not a crime and is worth fighting. But even for clients who knowingly or intentionally possess marijuana—and are caught red–handed doing so—the case isn’t that simple. We must explore, and make the State prove, whether or not the arresting officer had authority to search the client, in order to discover the contraband. Many possession of marijuana / POM cases, therefore, hinge on a pre–trial suppression hearing. At such a hearing, it is the defendant’s burden to establish that the search or arrest was made without a warrant (99% of misdemeanor possession cases fall into this category). The burden then shifts to the State to prove the search was lawful and / or reasonable. If the State fails to meet its burden, the marijuana cannot be introduced at trial, and the State cannot make its case. Talk with us about your possession of marijuana case today to see if this is the right approach for you