Legal Question in Criminal Law in Texas

I do not know what you mean by, "Is it legal?"

You apparently pled guilty to the amount of from 1 to 4 grams. You did not, apparently, dispute the amount at the time of pleading guilty

That, apparently, was the amount charged in your indictment.

The fact that you were arrested for a lesser amount is not particularly important because you did not dispute the amount.

If it is 30 days or less since you pled guilty you may be able to file a motion for new trial if you dispute the amount.

So, from those perspectives it appears to be "legal."

Mark Di Carlo

Attorney at Law

361-888-6968

The officers arrest for what they believe the amount is that they had. They may have guessed or they may have had scales that were not correct. In any event, it appears that when the dope got to the lab, it measured out at more than a gram. If you disputed the amount, you should have had your own expert re-weigh the dope. Since you plead guilty, you did not dispute the amount or cause the state to have to prove the amount. This happens frequently although more times it is that the officers over estimate and the lab finds that the amount is less. Nothing about what you have stated sounds like there was anything less than legal about the situation.