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I was convicted - possession - controlled substance (cocaine), less than 1 gram, which is no longer a felony. Is sealing poss?

Houston, TX |

I was sentenced to deffered adjudication and 9 mos rehab. As I was leaving the bench Judge
Denise Collins added "By the way, don't drive." My rehab was in Dickinson, TX and I had to beg rides just to visit probation officer. On one of my visits I couldn't be driven all the way and borrowed a car. I was seen leaving by the prob. officer and he told Judge. My next visit I was arrested and deffered was revoked because I drove. This was 10yrs ago. Am I eligible?

Attorney Answers 4

Posted

There have always been people who have thought that possession of a small amount of cocaine shouldn't be a felony. There probably always will be. But there has not been any change in the law on that subject since state jail felonies were created in 1993--yes, it's very definitely still a felony. And it doesn't matter why your probation got revoked. Unless you ended up with your case being dismissed, there is no way fr you to qualify for an order of nondisclosure.

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Posted

Possession of cocaine is still a felony - a state jail felony. And, the law in effect at the time of the offense is the law controlling the case.

Having practiced in Harris County for more than 25 years, including in front of Judge Collins, there is more to this story than you are sharing.

You are not eligible to seal your record. You will keep a final felony conviction on your record.

Cynthia Henley
713-2221-220

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Posted

The only thing I left out was the fact I failed urine test before being sent to rehab. Clean after final sentencing. I was in mo 9 of rehab. at time of revocation. Trust me it was revoked because I drove. I never did understand non-driving addition to conditions.

Asker

Posted

I was at domicile when arrested for possession.

Posted

What makes you think that is no longer a felony? That is not true. If you were ultimately convicted on the case you cannot seal it. No matter how long ago it was.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

No longer a felony? Seriously? Where did you hear that one?

Look, I'm a board certified specialist in criminal law, and I have the latest versions of the codes. So, here's the straight info on possession of cocain less than a gram, first offense: It's a straight up state jail felony. If you have a good lawyer and the prosecutor can be persuaded, the law permits it to be prosecuted as a Class "A" misdemeanor. Or, you could get "half a loaf" so to speak and get Class "A" misdemeanor punishment. But those are what might be calle a possibility of mercy that is built into the law. And, a defendant is never guaranteed to be prosecuted as a misdemeanor.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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