Im on probation for class b misdameador theft and got charged with state felony marijuana possesion.What most likely will happen

Asked over 1 year ago - Mckinney, TX

Im on probation and it was past curfew and i had over 2 ounces but less then 4 pounds of marijuana edibles

Attorney answers (5)

  1. James Christopher Abel

    Contributor Level 3

    5

    Lawyers agree

    Answered . POM is a state jail felony if it is between 4 ounces and 5 lbs. It is punishable by up to 2 years in state jail. If the amount was less than one pound, and you have never been convicted of a felony before, then it is a mandatory probation offense. If you were on probation at the time, then the State will likely move to revoke your probation. On a class B misdemeanor, you could be facing up to 6 months in county jail. You need to get a local attorney ASAP so that you can hopefully avoid the potential revocation of your probation and possible felony indictment.

  2. Thomas Harlan Swain

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . You should contact an attorney who practices in the county where you were charged. This is a question that they will be able to answer after speaking with them in more detail. The way your cases are resolved can depend on a great number of factors. For example, have you completed all of your probation terms? Are you near to the end of your probation? What kind of probation were you on? Do you have any other criminal history?

    You should not reveal that kind of information on this site. But this is the kind of information you should be ready to provide a local lawyer to assist you.

  3. Evan Edward Pierce-Jones

    Contributor Level 18

    3

    Lawyers agree

    Answered . You are asking for an assessment of the probable result in your personal situation? That's something no lawyer can give on avvo. What you need to do is consult with one or more criminal defense lawyers who practice in McKinney.

    The rest of us can only tell you possible punishment ranges. I don't think that's really what your are curious about.

    You might call Macy Jaggers. She's listed on avvo and covers McKinney in her practice.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  4. Jeffrey Brian Richter

    Contributor Level 10

    3

    Lawyers agree

    Answered . If you've been arrested for state jail felony possession of marijuana, then it's likely that your probation officer will have the district attorney file a motion to adjudicate/revoke your misdemeanor probation. The original terms of your theft probation would dictate what type of punishment you might face. However, the bigger issue now is the potential state felony possession charge, which carries a punishment range of up to 2 years in a state jail, and a fine of up to $10,000. You should talk to an experienced, local defense attorney as soon as possible about the facts of the alleged possession case.

    There are a number of different outcomes available in your situation. You may be able to challenge the legality of the search and thereby keep the drugs out of evidence. If the facts are not on your side, you still may be entitled to mandatory probation, depending on the amount of drugs possessed and your criminal history.

    At any rate, talk to a Collin County defense attorney as soon as possible. Many of us offer free initial consultations and will be able to give you advice specific to your situation after hearing more of the facts. Good luck!

    Jeff B. Richter's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr.... more
  5. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . There will be a probation violation filed on the misdemeanor. Depending on the judge, an attorney may be able to get you a PR bond (the kind that doesn't cost any money). If not, your attorney can arrange a walk-through at the jail so you don't actually go into custody. The pv may remain pending as long as the felony is being worked on. You want to do everything possible to keep that deferred. Theft convictions are horrible to have on your record.

    Collin county is very conservative, but I still think the DA can be talked into more deferred probation on the felony (assuming it's a case you need to plea to and there's not a way to get it dismissed or reduced).

    You need to start talking to attorneys as soon as possible. Most of us offer free consultations. That pv will come down quickly and a warrant will be issued. Your results in both cases will be much better if they are handled while you are out on bond rather than in jail. Best of luck!

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,600 answers this week

2,831 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,600 answers this week

2,831 attorneys answering