Recent changes in Texas Law allows for an Officer in Hays County to issue a Cite and Release Ticket for Possession of Marijuana, rather than taking the person to jail.
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The ticket, rather than arrest, can be confusing for many people. But to make things very clear: whether you’re taken to jail or give a cite and release “ticket to appear,” you have still been arrested for Possession of Marijuana. The punishments for the POM offense are still the exact same, regardless of the officer’s decision to jail or ticket you.
When taken to jail on a Possession of Marijuana offense in Hays County, the person is booked at the jail, meaning they are fingerprinted, The penalties for a marijuana ticket in Texas carry the same penalties for those who have been arrested for possession of marijuana.
The only difference is the booking process, which occurs prior to any court dates.
For instance, on the typical arrest for any offense in Hays County, including marijuana possession and POCS cases, the officer arrests the individual and takes the person into custody. The person is transported to jail, where they undergo the booking process. This involves property identifying the individual, reviewing any warrants, taking fingerprints, and taking a mugshot for the booking photo. The person is then (usually) met by a pretrial services representative, who will screen for bond issues and potential release on a PR bond.
Alternatively, when arrested on a Possession of Marijuana cite and release tickets, the officer has decided to NOT take the person to jail. Instead, a written promise to appear is given to the individual, and they are released. The citation will include appearance information, generally in Justice of the Peace #5. At this scheduled hearing, the individual will undergo the booking process described above; identifying the individual, reviewing any warrants, taking fingerprints, and taking a mugshot for the booking photo. The main difference is that this procedure occurs in the courthouse, rather than in the jail. It can take roughly 1-4 hours total, and once finished, the person is released with paperwork and a court date.
This process is also called a Walk-through.
Hays County TX – Marijuana Tickets – Cite and Release
Again, I cannot stress the seriousness of a cite and release; it is an arrest for Possession of Marijuana. You are still charged with a jail-able misdemeanor — despite merely (at the time) being issued a POM ticket.
There is another serious consequence to cite and release marijuana tickets; if you fail to appear in court on the date specified on your cite and release marijuana ticket, the judge will not only issue a warrant, but the prosecutor’s office WILL file an additional Class A Misdemeanor against you, for Bail Jumping. The Bail Jumping offense is often more serious than the original Possession of Marijuana case, so it’s important to show up at the walk-through, on time.
The Hays County cite and release for Possession of Marijuana tickets can be confusing, and we can review all the important information with you during a Free Phone Consultation.
