Asked 2/1/2016 – Houston, TX

so like me and a friend were smoking and lighting up a joint ( we had a total of 2-3 grams of weed) at the same time. Until half way through a cop sneaks up behinds us and saw us smoking the joints. He then takes us account of those two joints and proceeds us into their cars and sits us down, gets our home information and full name, I.D., etc. then says he will send this case over to his DA to determine the outcome( I remember him saying they will mail or call us back) and then finally let us go. I was however not arrested. I am also a international student with no prior criminal history.

What do you think are my chances of getting called back and getting an issue for a warrant. Is there a possibility that my officer was just scare me by taking down my information? Please let me know of all the possible situations and solutions. I am planning to call an attorney once I am called up to show up for court. thank you for your time.

TLDR: smoked weed, got caught, got information taken, let go.

Answer

You will probably receive a notice to appear in court. From the facts you describe, you will be charged with a class b misdemeanor, punishable by a fine of up to $2,000, jail time of up to 180 days or a maximum probationary period of up to 24 months. You will need a local criminal defense attorney. You will also need to speak with an immigration attorney to see if this will affect your student visa.