Legal Question in Criminal Law in Texas

My boyfriend is being charged with manufacturing and delivery of a controlled substance (cocaine). From my understanding it is a felony 3 charge and this is his first felony. He does have two previous misdemeanors; one for possession of marijuana and the other I am unsure of. My first question is how can they prove that he was manufacturing the drug? I researched and found that bagging it up falls under manufacturing but they really dont have any solid evidence that he was bagging it up. They never came to search the house or anything. I am really nervous as to what his sentence will be. His bond is set at $25,000, and I cant understand why it is so high. Can you please shed some light on what he will be serving? Is probation a possible option?


Asked on 8/10/10, 4:57 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The range of punishment for this offense depend upon the amount of cocaine he is charged with manufacturing or delivering. The police report or the complaint would show what that amount is.

If it is less than a gram he is looking at a state jail felony punishable by no more that 2 years in a state jail. If it is 400 grams or more, he is looking at a maximum 99 years or life. It all depends on the amount. I am not sure what you mean by a felony 3 charge. There is a 3rd degree felony in Texas but I did not see it in the ranges of punishment for the charge you gave me.

The options I found are :

under a gram - state jail felony 180 days to 2 years

1 to 4 grams - 2nd degree felony 2 to 20 years

4 - 200 grams 1st degree felony 5 to 99 years/life

200 - 400 grams - 10 to 99 years/life

400 grams and more 15 -99 years/life

Clearly this is a very serious offense. Your boyfriend needs an attorney to help him out.

Having said that, probation is possible.

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Answered on 8/15/10, 7:28 pm


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