On a possion of a controlled substance , actual weight was less than a half gram ,but they are saying that when tested weight was over a gram no way it was over a gram even if you weighed the Baggie and powder it has been two over two years . They want me to plea out for 5 yrs probation I do not want to plea for 5yrs . They also charged me with dwi . My truck I was in was had a blow an over corrected truck flipped an driver an I got out no injures when lapdog arrived I was not in vehicle driver had fled scene because he had no drivers license ani told them I was driving law dog got me for dwi I think i said I was driving when taken to magistrate they a little Baggie of cocaine worth 20$ that is not a gram was found in my pocket. An they are saying they found one in my bra also . I am a female they are saying they in my bra I was not stripped searched an now they say weight was over a gram a felony in Texas and they want me to pled guilty on the dwi . If fight an lose the da will ask for 10 yrs in prison if found guilty . GUIlty of a gram or more no way less than half gram guilty .i want to fight it but I have to prison 12yrs ago for welfare fraud , I do not want to go back to prison but I do not want to get railroaded by these SOBs can you give advise please I need some help
DUI / DWI Attorney
Well, it sounds like you put yourself behind the wheel on the DWI. They can't prove you were driving without some corroborating facts, but the wrecked car is enough under current case law. Of course they still have to prove you were intoxicated AT THE TIME of driving. That's a fact specific issue you'll have to discuss with your attorney.
As for the possession case, the State should be able to produce a lab report that specifies the weight of the drugs they received (they often also photograph), how much they used for testing, and the weight of the drugs remaining after the testing. If they have a scientist prepared to testify the drugs weighed in at over a gram, you're going to have an uphill battle. These are really just issues you are going to have to review with your attorney in greater detail.
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3 lawyers agree
Criminal Defense Attorney
I've practiced in San Antonio for several years and if they are asking for 5 years probation on the possession case then they are probably in agreement with you pleading to under a gram. In regards to the DWI, they have what I consider to be a no dismissal policy while the DWI is on a pretrial docket, so I am pretty confident you will have to take the DWI to trial. If your lucky they will dismiss it at that point if their witnesses fail to show up. Otherwise you will have to fight it on the merits of the case itself.
This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.
1 lawyer agrees
Domestic Violence Lawyer
In my opinion, the only way you'll be able to effectively fight these cases (or evaluate any plea bargain agreement you're being offered) is through your attorney so I recommend consulting with him or her. I also strongly recommend that you refrain from posting further details on this or any other website. It is not confidential and you are making statements that could compromise your defense.
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