Legal Question in Criminal Law in Texas

Re: 2nd drug misdemeaner charge

I am presuming you were arrested for Possession of Marihuana in an amount of less than 2 ounces. In that case, the penalty range is 0 days in jail up to 180 days; or a fine in any amount up to $2,000.00; or both fine and jail time. Because you have a prior that is a Class B, Misdemeanor, they could use that to enhance your punishment depending upon whether prior is Deferred Adjudication or straight probation, you still didn't say. If it is a Deferred Adjudication, they cannot enhance your punishment, if it is straight probation you could be facing a minimum of thirty (30) days in jail, with a maximum of 180 days. I can't tell what the offer will be, because of numerous varibles, what county, your prior, whether or not you have other priors, whether you are going to go into treatment, etc.