The district attorney in Harris County relies heavily on law enforcement agencies when it comes to prosecuting marijuana offenders. However, there is one big difference between a marijuana encounter and an arrest. The former will result in court documents and an arrest record, while the latter will not. The district attorney’s office in Harris County has a reputation for being the most liberal and progressive in the county. As a result, marijuana charges are not taken lightly.

Contents hide
1 Brian Benken
2 Brian Wice
3 John B. Holmes, Jr.
4 Dejon Smith
5 Class B misdemeanor
6 Second degree felony

Brian Benken

If you are facing criminal charges relating to marijuana possession, it is essential that you hire an experienced attorney. A criminal defense attorney can file motions, suppress evidence, and uncover legal options that may be useful in your case. Hiring an attorney will increase your chances of getting the charges dropped. Brian Benken focuses his practice on criminal defense, and he has extensive experience defending people accused of drug offenses in Harris County and surrounding areas. To learn more about his experience and expertise, contact his Houston office at (713) 223-4051.

A criminal defense attorney with extensive trial experience, Benken has been recognized for getting more details than the police could, exposing false testimony and uncovering lying witnesses. In one case, he untangled the story of a man accused of a murder and tossed the body parts into the Gulf of Mexico. Benken also used videotape of the FBI wheeling the victim to court after suspecting that she was in need of a wheelchair.

The case was scheduled to be heard by Senior Judge Doug Shaver in the Harris County Criminal Courts. In addition to Benken, three Houston attorneys were appointed as special prosecutors in the case. All three attorneys have extensive experience in the field of criminal law, and their unique backgrounds will provide a fresh perspective to the proceedings. The attorneys will work together to help Benken fight the charges. A felony marijuana case is a serious matter, and the right lawyer is crucial.

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Brian Wice

While Wice did not take his client’s side in his marijuana trial, he is known for his work in the domestic violence trial of late Houston hand surgeon Michael Brown. The case was the talk of Houston, and reporters tweeted about the infamous surgeon’s bizarre lifestyle and behavior. Attorneys, including legal legend Dick DeGeurin, defended Brown. Although Brown was found not guilty, he died soon after.

Paxton’s case moved from Collin County to Harris County. But when prosecutors moved it there, Paxton’s defense team filed a motion to dismiss the charges. The state district judge denied Paxton’s motion to dismiss the charges. As a result, the trial will now take place in Harris County. In August 2017, Paxton’s legal team argued that prosecutors should only be paid a few thousand dollars in their criminal cases.

John B. Holmes, Jr.

Holmes, a Houston native and former district attorney, now spends his days fixing fences, reading clouds, and helping his wife Diane bottle feed deer. He is known by residents of Kenney as a genial gentleman rancher who wears an outrageous mustache and a Texas flag-patterned shirt. His sense of humor is one of his strongest suits. His father instilled in him a sense of respect for the law and the importance of keeping Houston safe.

As the Chair of Maynard’s Labor & Employment Practice, Holmes has successfully represented employers in a wide range of EEO and labor and employment matters, including OFCCP audits and DOL investigations. He has also represented clients in labor and employment arbitrations. In addition, he regularly assists clients in drafting employment handbooks, conducting workplace investigations, and preparing employment manuals. His diverse background and reputation as a legal advocate have earned him recognition by Best Lawyers, Mid-South Super Lawyers, and Benchmark Litigation.

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In addition to being an accomplished litigator, Holmes had an impressive list of honors and awards, including membership in Chambers USA and Benchmark Litigation’s “Under 40 Hot List.” These two awards recognize young attorneys with significant experience in litigation and a history of success. Holmes was also included in Super Lawyers and the Best Lawyers in America. There are no obituary tributes for John B. Holmes, Jr.

Dejon Smith

The arrest of Brian Cantu and Dejon Smith in Houston, Texas, is one of the most high-profile marijuana cases in the state. Both were caught smoking pot in public, but Smith blew off his evidence by swallowing it, and he neglected to mention he had an open bottle of vodka in his hand. In addition to a felony marijuana charge, both men were also facing three warrants.

Class B misdemeanor

While possession of less than four ounces of marijuana is a misdemeanor in Texas, the presence of more than 0.3 percent of THC can warrant a conviction. In addition, the prosecution must prove beyond a reasonable doubt that the drug is marijuana, which will require laboratory testing. According to Harris County District Attorney Kathy Ogg, convictions for marijuana possession related misdemeanors have declined by 80 percent since the implementation of a pre-charge diversion program. This program allows people to take special courses rather than be arrested.

Since the implementation of these laws, fewer than 12,000 people have been convicted of drug crimes, reducing the burden on the justice system. In fact, if the current laws were followed, marijuana possession arrests could save officers countless hours of processing. Yet, it is unclear whether these reforms will be enough to curb the growing marijuana market in Texas. However, the district attorney’s office is looking to save money and time by minimizing the number of cases filed.

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A new program that will decriminalize low-level marijuana possession in Harris County was recently announced by the district attorney’s office. The initiative was designed to save the district attorney and law enforcement money by reducing the number of marijuana arrests, while also helping low-level marijuana users avoid jail time. Those caught with four ounces or less will be eligible to participate in the program, but they will still have to attend a four-hour class on drug laws.

Second degree felony

Brian Cantu’s legal case against marijuana charges in Harris County began in January 2016. After a long court process, he was found not guilty of both marijuana possession and conspiracy. However, that did not prevent him from pleading guilty to the lesser charges. After he was acquitted, Cantu filed a motion to have meaningful access to the remaining jurors.

In April 1995, Mark Miller was stopped by police for a routine traffic violation. He had not been driving for 200 miles when police discovered he was transporting 200 pounds of marijuana. At the time, Miller was unaware that he was under arrest. His arrest was the result of an ongoing police investigation. He was taken to the Harris County jail for questioning. However, he was later found guilty of possession and distribution of marijuana.

As a result, Cantu is filing a motion to suppress evidence, seeks a new trial, and challenges the district court’s decision to exclude some jurors. Moreover, he asserts that the district court made a mistake by denying him access to the remaining jurors. By hiring a criminal defense attorney, he will increase his chances of getting the charges against him dropped.