By: Mark Diaz
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Common Questions On Drug Crime Charges In Texas
Should you let your child/teenager be interviewed by the police as a suspect in a crime?
No. It’s the same for a child or teenager as it is for an adult, you would not want to speak to investigators without the presence of an attorney. In any type of criminal investigation. I’ve said that many times. The same applies if it’s a minor who’s going to be suspected of criminal activity. My answer would be no, I would not let them speak to the police as a suspect without the benefit of having an attorney.
After completion of a felony deferred, can you possess a firearm?
As I’ve talked about before, it’s a very complicated answer. I would need to know more about the felony and the timeline. Depending upon the felony, how exactly it was pled, and what the terms of the deferred were, you have to then look under a federal statute to decide whether you are an exception or a person who is excluded. The answer sometimes is that under state law, you can be in possession, but under federal law, you cannot. I need specific information to try and make those determinations. I can’t do it based on a broad question like that, unfortunately.
Can drug charges be dropped?
The answer is always yes. Maybe we found something that the officers did incorrectly procedurally, maybe there was an illegal search, there are so many things that can get a case dismissed. Every once in a while, we’ll get a case where someone buys what they think is a controlled substance and it turns out not to be. I have a case in federal court right now where everyone involved in the deal thought it was a heroin deal, and it turned out to be Tramadol. So yes, drug charges can be dropped for a variety of reasons.
How do you beat a felony charge?
Again, every case is different. So when you ask about beating any charge, it depends on my investigation and what I find. Sometimes it’s something that the police did or didn’t do. There are so many procedural things that could happen that it’s hard for me to say what it could be in your case until I’m working on it.
Is possession of a controlled substance a felony in Missouri?
I don’t know the Missouri law. I’m licensed in Texas, and only in Texas. So I can’t answer that. However, generally speaking, I can tell you that in every state, meth, coke, heroin, all the big ones are felonies. Any questions specific to Missouri, I wouldn’t have any idea.
Which drug carries the highest criminal penalties?
The penalty group one drugs include heroin, cocaine, methamphetamine. Although it’s all going to depend on the quantity. If you have over 400 grams of a penalty group one substance, that can make you a 15 to life case. So the answer is very facts specific, but generally, the hardest street drugs are going to be punished the hardest.
What is the minimum punishment for possession of controlled substances in Texas?
If you have a misdemeanor controlled substance, the minimum punishment is going to be no jail time and a fine. Again, that’s if it’s a misdemeanor, because misdemeanor punishment is, Class B – zero to 190 days in jail, Class A – zero to one year in jail.
What happens if you get caught with drugs and a gun in Texas?
I sort of have two separate answers but they both merge if you think about it. Under state law, the gun is not going to add much of an enhancement. As far as the charges go, it’s a separate charge. The reason it is important though is a lot of times the parole board will look at that on a prison sentence. On a non-violent drug felony, generally speaking, parole eligibility is after one-quarter of your sentence. So if you have a four-year sentence, you’ll be parole eligible in one year.
However, if the parole board considers that gun, they might treat you as if it were an aggravated offense and make you do at least half of your sentence. Under the federal system, the gun adds to the punishment. Depending on the way you get charged on the possession is how it will affect you. However, you’re absolutely going to do more time if you have a gun with you.
How many grams is a felony in Texas?
I would have to know what substance you were talking about. Of the penalty group one substances, the hardest street drugs, even less than a gram is a state jail felony. Technically speaking, you’re going to have to have more than about .04 grams. At that point, if both sides do testing, there may not be enough left for a charge. Residue in a bag is going to be enough to get you to a state jail felony. Now if you’re talking about lesser drugs, I would have to know which drug. I would have to know the weight so we can make a determination. If you’re talking about schedule one, cocaine, meth, heroin, all that, even less than a gram is a felony.
How long do you go to jail for drug possession in Texas?
Maybe you don’t go to jail. A lot of people don’t go to jail for drug possession. It’s going to depend on the case. It’s going to depend on the circumstances. With no criminal history, you’re certainly going to be eligible for probation. There’s not an exact answer for how long you go to jail for drug possession in Texas.
Is possession of drug paraphernalia a misdemeanor in Texas?
It is a misdemeanor. Possession of drug paraphernalia can be a Class C. It’s not a big charge.
Can you get probation for a felony drug charge in Texas?
Absolutely. We do it daily.
Can a felony be dropped to a misdemeanor in Texas?
Yes. Again, something we do very regularly.
Can you travel while on probation in Texas?
This is a great question. So the answer is yes. Depending upon which court you’re in, and what the terms of the original probation were, you may have to get permission from your probation officer First. If your probation officer will not permit you, your attorney can file a motion to get permission from the court. It’s going to depend on what you want to travel for. I’ve never run into a lot of restrictions on travel for probationers that I’ve had over the years. Probation generally likes to work with people and be as accommodating as they can, unless they think someone has been abusive.
How do I check my probation status in Texas?
If you’re on probation, and you want to know your status, ask your probation officer.
If think you may have a case and have questions about drug crime charges in Texas or any other criminal issue contact us online here or call us at (409) 572-8095