Legal Question in Criminal Law in Texas

Friend charged with possesion

A good friend of mine was pulled over and caught with tiny amount of heroin (around .1 or .2 gram). He was charged with possesion of a controlled substance and tampering with evidence (He was charged with tampering with evidence because he admitted to the officer that he had swallowed half of a gram). He is still in jail unable to make bond, and wants to know what sort of punishment he stands to recieve. This occured in Texas and he has no prior drug arrests, although he has had warrants for traffic offenses. PLEASE don't just tell me to consult a lawyer, I just want a general ball park figure of what he is looking at, rehab? probation? jail time? Thanks in advance.


Asked on 2/02/09, 4:58 pm

2 Answers from Attorneys
michael palmer Law Office of Michael Palmer

Re: Friend charged with possesion

If no previous criminal record then probably a felony deferred probation. Of course, a lot will depend on what county he is in, the prosecutor, and the court that his case is assigned to.

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Answered on 2/02/09, 5:26 pm
Ruben Gonzalez Ruben Gonzalez, P.C.

Re: Friend charged with possesion

The formal charge is possession of a controlled substance less than one gram, penalty group one drug or narcotic substance. Such a case is a state jail felony offense, see Texas Health and Safety Code, Section 481.115; the penalty for a state jail felony is found in the Texas Penal Code, Section 12.35 (180 days to 2 year in the State Jail Facility); if a person has not been convicted of a felony in this or any other state including the federal courts, probation is possible. See Texas Code of Criminal Procedure, Article 42.12, You need to consult with attorney to determine the likelihood of probation is based upon the individual circumstances of the case and the jurisdiction where the alleged offense occurred.

Regarding the destruction of the evidence or tampering with the evidence charge; sometimes the prosecution is willing to negotiate over the charges. How well the client is repreented depends on how well the attorney is a horse trader and trial attorney.

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Answered on 2/08/09, 3:11 pm


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