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HOW MUCH TIME WILL A PERSON ON PROBATION FOR CONTROLLED SUBSTANCE GET IF CHARGED WITH POSS CS PG <1G

Houston, TX |

PLEASE GIVE ME ANSWERS ASAP

HE WAS ON PROBATION FOR A FELONY ALREADY
AND HE WAS CHARGED WITH POSS CS PG

Attorney Answers 3


  1. 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.


  2. 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.


  3. 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.

    DISCLAIMER The answer provided above serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue.

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