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?
3 Answers from Attorneys
Re: possession of marijana
You will need to make this inquiry to a Licensed attorney practicing in the State of Texas.
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.
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
Related Questions & Answers
-
Poss. of marj. I am facing some criminal charges of poss. of maraj. less than 2 oz.... Asked 8/06/08, 11:22 am in United States Texas Criminal Law
-
Fraud case how to handle a case dealing with fraud use or possession of identifying... Asked 8/05/08, 11:54 pm in United States Texas Criminal Law
-
Assult charge my partner assulted me a few weeks back and I attempted to drop... Asked 8/05/08, 2:38 pm in United States Texas Criminal Law
-
Deferred adjudication I'm 21 yrs old. I was arrested when i was 17 for theft. I got... Asked 8/04/08, 3:34 pm in United States Texas Criminal Law