PLEASE GIVE ME ANSWERS ASAP
HE WAS ON PROBATION FOR A FELONY ALREADY
AND HE WAS CHARGED WITH POSS CS PG
DUI / DWI Attorney
It depends on what level of offense he's on probation for. If its for possession under a gram, his maximum punishment on that case is two years state jail.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
Criminal Defense Attorney
Time depends on the level of the offense. In a possession case, the level of the offense depends on the substance’s category (or “Penalty Group”), as well as on the amount possessed. There range of possibilities is broad. If the level was punishable as a state jail felony, the time would be between 180 days and two years. A third degree felony would be 2 to 10 years; a second degree would be 2 to 20.
As for his new charges, possession of less than 1 gram and unauthorized use of a vehicle are each state jail offenses (180 days to 2 years and/or a fine of up to $2000).
Given the nature of these offenses, he might qualify for one of Harris County’s specialty courts, such as the STAR court. He might ask his attorney to assess his eligibility and consider applying to have his case transferred.
Attorney Paul Kendall's answer to this question is for information purposes only. The answer is not legal advice and does not create an attorney-client relationship between Paul Kendall and the person who asked the question or anyone reading the answer. Paul Kendall offers initial consultations at no charge.
Criminal Defense Attorney
The answer to this question depends on a number of things. First, we need to know what level of felony he is on probation for and whether it was probation or deferred. Were the new cases in Harris county? What court is he in? Was he in compliance with probation prior to this? He has a right to a trial on the 2 new cases, but the Judge will decide what happens on the probation violation (if no plea) because he already waived a right to a trial on that case. You need to contact a local criminal defense attorney.
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