Asked 10/6/2016 – San Antonio, TX

Well I got pulled over for speeding ticket the cops smells marijuana in my car then tells me to step out the vehicle…. the officer begins to search found marijuana, and a scale. The cop charged me for misdemeanor B possession of marijuana, said nothing about the scale can the Judge add that distribution to the charges?

Answer

Judges do not add charges, prosecutors do. The State will file whatever criminal charges against you that they believe they can prove beyond a reasonable doubt. The scale, in and of itself will PROBABLY not cause this matter to be enhanced to a delivery charge, but from your prospective, don’t worry about it. You have no control over that issue; what gets filed gets filed. Whether you can remove this matter from your record depends on the final disposition of the case. Start talking with local lawyers.