Legal Question in Criminal Law in Texas

possession of marijana

I'm a first time offender no previous

history and I got charged with

possession under two ounces and

was wondering what to expect for

punishment. I live in Florida and the

case is being tried in Texas. Is there a

way to just get probation but them

have it transfered to Florida to have

to check in and whatever else i would

have to do?


Asked on 8/06/08, 1:25 pm

3 Answers from Attorneys

Fleet Tilden TildenLaw

Re: possession of marijana

You will need to make this inquiry to a Licensed attorney practicing in the State of Texas.

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Answered on 8/07/08, 7:19 am
Bristol Myers Bristol Myers & Associates, P.C.

Re: possession of marijana

There is an interstate compact which generally allows for a person sentenced in one state to report to a probation officer in their home state. Depending on the county in Texas where your case originates, and depending on your criminal history, this type of offense may not require a formal probation, but may be resolved by a pre-trial diversion. In which case, you could avoid the conviction and the formal probation altogether.

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Answered on 8/09/08, 11:41 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: possession of marijana

Hello there,

Unfortunately, since the marijuana was less than two ounces it is considered a class B misdemeanor in Texas and it has a punishment range up to 180 days and a fine up to $2,000.

Since it is not a class A misdemeanor it cannot be transferred out of the state. Florida would not consider taking the case as a transfer due to interstate compacts. If he had been found with more marijuana he could have it transferred. I know it doesn't make a lot of sense but that is the way the law is.

You need to contact a good drug attorney to evaluate the case to see what can be done to help you.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 8/06/08, 11:31 pm


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