Legal Question in Criminal Law in Texas

felony possession less than 1 gram

my friend was caught with a piece of brillo pad and his friend had a crack pipe on her. Her case was dismissed and he now has the charge of felony possession of controlled substance less than 1 gram. What kind of sentence does this carry (he has priors) and could it possibly dropped to a misdameanor?


Asked on 8/30/08, 9:22 pm

1 Answer from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: felony possession less than 1 gram

Possession of less than one gram of a penalty group I substance is a state jail sentence in Texas. The minimum term of confinement is 6 months and the maximum is 2 years. Time in jail is served day-for-day, without good time or parole. The maximum possible fine is $10,000. Depending upon what the prior convictions are, the charge can possibly be enhanced to a higher punishment range. Whether a charge is dropped to a lesser offense is within the discretion of the prosecutor and largely depends upon the facts of each individual case. Good luck.

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Answered on 8/31/08, 8:39 am


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