Legal Question in Criminal Law in Texas

Possession of Controlled Substance vs Drug Paraphernailia
My sister's house was raided and she was charged with Possession of a Controlled Substance, Felony 3rd Degree. They didn't find any crack on her, but when they asked her when she smoked last, she told the truth and said within a couple of hours before. They searched her room and found a empty crack pipe with residue laying on her bathroom sink. She has been sitting in jail since July 2004. How can they charge her with possession of a controlled substance instead of possession of drug paraphernailia?

Asked on 9/15/04, 5:28 pm

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

0 users found helpful

0 attorneys agreed

Re: Possession of Controlled Substance vs Drug Paraphernailia

Are you sure you have all the facts in the case?

Normally if your sister had a usable quantity of cocaine she would be charged with possession of a controlled substance penalty group 1 under 1 gram.

The amount of cocaine should be a usable quantity, if it is in fact just residue then possession of drug paraphernalia would be the correct charge.

The fact that your sister has been charged with a 3rd degree felony makes me think there may be some information that you are not getting

Answered on 9/16/04, 11:16 am

Keywords

Match Any Match All

Country

State

Area of Law