Texas Drug Crimes Legal Questions

By dropped, I am assuming you mean dismissed by the prosecutor? That might be possible, but no attorney can predict that without reviewing the evidence in your case and discussing the case with the specific district attorney prosecuting it. Possession means inentionally and knowingly excercising care, custody, control or management of the item. Legal possession cannot be reckless or accidental. If you are not guilty of possessing the drugs, don't plead guilty. Then, hire the attorney you trust to fight your case. I would look to the attorneys reviews, and relevant experience to guide you, but also in person consultations can help you decide.  Good luck.... Read More

The best thing to do is hire the best defense lawyer you can afford. Possession is defined as "care, custody, control, and maintenance," of the drug. There are plenty of arguments that can some times make it difficult for the State to prosecute a drug case. Those kind of arguments are the thing that impels the State to negotiate and, in some instances, dismiss cases. Good lawyers don't go into court with their hat in their hand. They go in there with case law and facts.   Best of luck. Rick... Read More

If it was one pill, the offense would likely be charged as a State Jail Felony. If that be the case, yes, it is a felony. You need to hire a competent criminal defense attorney. I'm board certified; feel free to contact me. Or, you can shop around based on your location. The answer to whether it will remain on her record depends entirely on how the case is resolved. If it ends up as a conviction, it will always be on her record. That, and she would be a felon. The collateral consequences that adhere to a felony conviction can be pretty severe. So, if at all possible, hire the best attorney for her you can.  Hope this helps.   Rick... Read More

Drug court and similar pretrial diversion programs are County-specific. In other words, we would need to know, at a minimum, the County in which you were charged, in order to give you relevant information about PTI or any other program. Eligibility is a second issue, that is usually tied to whether you have any previous criminal history, and the facts of the current case. Then, there is also the question of whether they can prove their allegation in the first place. You really just need to find and consult with a good lawyer, and then hire him/her to represent you, and ensure (if possible) you don't agree to a deal that will cause you to lose your job.... Read More

You will not be able to get the records expunged. But, if you successfully complete the deferred, you may be able to have the records sealed, pursuant an Order of Non-Disclosure.  Eligibility, and waiting period, are both controlled by statute, and depend on the nature of the offense.  If you want to send me some more information about the case, I'd be happy to look up your eligibility and discuss the sealing process, if your case is eligible, and if you're interested in pursuing it. You can email me at: rickoliverlaw@gmail.com  Best,  Rick ... Read More

DA's are tough on school zone cases, more so in certain counties.  The sentence (if you plead or are found guilty...don't assume this will happen) will depend on a number of things: your history, if any, the amount of weed they are charging you with (2oz is a Class B misdemeanor), and the strength of the government's case.  Get in touch with a reputable and tough criminal defense lawyer who has connections in the county where you are charged.  Many of us will offer you a free consultation on these types of cases.  Once you've interviewed a few lawyers, hire the one you believe can help you the best and keep you out of trouble.  Best of luck, hope I helped.... Read More

Yes, absolutely.  But first-off, don't assume that just because the person was in possession of the contraband in the school zone means he is legally guilty.  A competent criminal defense lawyer would be able to sort out the issues and determine if the drugs can be "linked" to this person, or if the officer conducted an illegal search.  Many lawyers will offer free consultations on narcotics cases.  Call a criminal defense lawyer and get them working on the case.  Hope i helped.... Read More

You can hire an attorney and have them file a motion with the court asking to amend the terms and conditions of his probation. If the judge finds there is merit to the claims, he/she may allow what you are asking. However, I would also suggest that the basis upon which you are seeking to have those conditions amended, by themselves, is likely to be insufficient, for most judges. If you want a good chance of getting a request like that granted, you would need to be able to ensure the court that your husband has done perfectly (not just good) to this point, and that there are enough things he will be doing if the court allows him to avoid the sober living house (e.g. AA, NA, continuing out-patient paid by his insurance, etc) to satisfy the court that he will still be getting whatever treatment the court thougth was necessary. ... Read More

It's pretty unlikely that any additional tickets will be issued to you and/or your friends. If the office felt he had probable cause to issue the ticket at the time he observed the pipe on the ground, he would likely have done it then. I'm pretty sure I've never seen a situation in which a Class C ticket was issued at a later date, when it could have been written right then and there. Doing that would make it a difficult case to win for them. Usually, JP and municipal courts do not drug test pursuant to plea deals, but I suppose it's possible. ... Read More

You need to hire a good defense attorney. The fact that the other person is going to plea to the possession can be used to help you. But, it is far from a silver bullet that will make you immune to prosecution. The DA's can (and often will) argue "joint possession." In other words, one person can have the drugs on them, but more than one person can be accused of, and convicted with, possessing those drugs. What you need to say when you go to court is that you will be hiring an attorney to represent you. ... Read More

I don't have my code in front of me, but I'm pretty sure that's a PCS 4-28 grams case. Without any enhancements, I believe the range of punishment there is for a 2nd degree felony. The potential range of punishment for a 2nd degree felony is up to 20 years in prison (2-20; $10,000 fine). You definitely need to consult with and hire an experienced defense attorney to represent you. In those cases, a lot of the time there are issues with the way in which the cops seized the drugs. If there are those kind of issues, your lawyer may be able to exploit them to your advantage.... Read More

Possession is defined in the code as "care, custody, control, and maintenance." Obviously, what you have described doesn't really fit within any of those terms. However, the State can argue that there is a "logical nexus" between you and the drugs, and a jury could conclude that you were indeed, in possession of those drugs. The best thing to do is hire an attorney who will do a proper investigation of your case, and who is willing to fight for you, all the way to a trial, if one becomes necessary.... Read More

If you plea to the charges, you need to be sure the plea agreement does not contain any kind of "alone with" stipulation. Then, your friend needs to hire a good attorney. Cops can (and often do) arrest and charge folks under the theory of joint possession (more than one person can be in possession of a dangerous drug). But, if you plea to the charge, and are willing to testify on behalf of your friend, a good attorney may be able to leverage that into a dismissal. I've done it more times than I can recall, for clients. Also, if the State won't dump the case, your friend will have a great defense at trial. ... Read More

If you got the insurance thing taken care of within 10 days of the date you got the ticket, that one will get dismissed. As for the paraphernalia ticket, you can certainly demand a jury trial. You may also be able to get deferred for that ticket, which would result in the case being dismissed as long as you complete the probation. You'd also have to pay a fine and court cto gets get deferred. ... Read More

The most important thing for you to do is to hire a good lawyer and await the results of his/her investigation. Just because you've been arrested and charged with those offenses doesn't mean they are good arrests. There may be issues with the arrests. If, for example, there was a violation of your 4th Amendment rights, the cases could potentially be dismissed.  If you've never had any previous criminal convictions you are certainly eligible for probation. But, adult felony probation is no picnic. The full range of punishment on a 2nd degree felony is 2-20 years in the pen. Your criminal history (or lack thereof) as well as the circumstances of this arrest are what will determine whether probation or time is offered by the State. Make sure there is no way to beat these charges before you prepare to accept probation.... Read More

If it was dismissed you should be able to get it expunged. That process should remove the arrest record from existence. Also, once properly expunged you can deny the arrest ever happened. Usually it's a process I get done for my clients that does not require them to appear in court. So, I wouldn't give up in your dream job just yet. You may be able to get your record cleaned up enough to get the job. ... Read More

I'm not an immigration attorney, so I can't give you advice as to what his chances of remaining in the Country are if he is convicted. BUT, I do handle criminal cases, such as the drug case. And I can tell you what has happened to me from experience. I tried a case last week. My client was charged with Assault-family member. I won the case for him; he was acquitted. Unlike your brother, my client had no legal status in this Country. He had an ICE hold on him from the very start. After our trial he was transferred to the custody of ICE. However, he was NOT DEPORTED. Because he was found NOT GUILTY, he was released (after they verified that he has his GED). So, I cannot tell you what will happen with your brother's immigration issues. But, I will tell you the most important thing for him is to fight the drug case. If he can beat it, I would think he has a much better chance of remaining in the Country.... Read More

Always remember: you can beat the rap; you can't beat the ride. Translation: if the cop suspects you of just about anything, it's likely they can justify an arrest and take you to jail.  To answer your question directly: there is a test called a DRE that cops use nowadays to try to determine whether a person is high. I'm not saying it's a reliable test, or in any way a reliable arbiter of recent drug use, but it's the current test being used by them to substantiate such claims. Mostly, it's used in DWI cases, but there is certainly the potential a cop could call in a DRE on a PI case.  Also, they often use one of the DWI field sobriety tests as a tool for justifying probable cause to arrest for PI. If a cop asks you to stand still, and follow the pen/pen light/finger with your head only, he is using that test. Also, if you smell like weed, the case law will allow them to stop you and investigate. If they smell it in your car they can also stop and investigate. Red eyes can be a factor used in a probable cause analysis, as well. If they observe those things I just mentioned, and you deny being high, they can still ask you for a urine or blood sample. You can still refuse. And they can then, if it's that important to them, draft up a warrant application and ask a magistrate to sign a warrant for your blood. So: if you smoke - keep an extra clean shirt handy, chew gum, and deny, deny, deny.... Read More