MY BROTHER IS CURRENTLY ON PAROLE FOR ASSAULT-FAMILY-2ND OFFENSE. HE HAS PICKED UP A NEW CHARGE WITH ONLY TWO MONTHS LEFT TO FINISH HIS PAROLE. IT DONT SAY ANYTHING ABOUT IT BEING A FELONY.
IS THIS A FELONY CAN? CAN HE GET LESS THEN 5 YRS FOR THIS CHARGE? WHAT ARE HIS OPTIONS?
Criminal Defense Attorney
Possession with intent to deliver a controlled substance in penalty group one, in an amount of at least 4 grams but less than 200 grams is a first degree felony in Texas and carries a possible penalty of from 5 to 99 years or life in prison for a first offender. A person who is on parole is not a first offender. For that person, the minimum prison time is 15 years and the max time is 99 years or life.
If a person gets this sort of charge and is on parole, expect to see a parole revocation warrant.
So, it looks like your brother is facing a very serious charge. Your brother needs a good criminal defense lawyer NOW.
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Personal Injury Lawyer
Mr. Pierce Jones is correct. Also, if a person has 2 felony convictions (the parole case plus one more) then the minimum sentence is 25 years in prison.
For a first offense Poss w/i deliver 4-200 is a first degree felony. As serious as murder. More serious than rape.