POSS W/I DEL CS PG1 4G - 200G ??

Asked almost 2 years ago - San Antonio, TX

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.

Additional information

IS THIS A FELONY CAN? CAN HE GET LESS THEN 5 YRS FOR THIS CHARGE? WHAT ARE HIS OPTIONS?

Attorney answers (2)

  1. Evan Edward Pierce-Jones

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  2. Stephen Neil Foster

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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.

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