Texas State Jail Felony Reduction

Asked about 5 years ago - Rockwall, TX

My brother was caught with 1 Xanax pill at school. He is 17, in high school. They took him to jail and have charged him with a State Jail Felony. Is there anyway to get the charge lowered to a misdemeanor?

Attorney answers (2)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . Yes. They can abandon the allegation that it was on school property OR they can reduce it to a misdemeanor under 12.44 (b) of the Texas Code of Criminal Procedure (versus 12.44(a) which allows them to punish as a misdemeanor but it is a felony.)

    Moreover, he may even be able to get a pre-trial diversion if he has not been in trouble before & the prosecutor believe this was unusual. This would put him under contract with the state to be good for a year, then the case would be dismissed.

    Definitely talk to a lawyer about these avenues - especially pre-trial diversion. Most prosecutors are in on not wanting to ruin a good kid's life.

  2. Paul Holt Walcutt

    Contributor Level 16

    Answered . It is possible to get this charge reduced or even dismissed, but whether or not that happens depends on several factors that include::
    - the court the case is set in;
    - the prosecutor(s) assigned to the case;
    - the particular facts of the case;
    - your brother's prior criminal record (including juvenile criminal record);
    - how the pill was found (that is, was the search legal);
    - whether or not the police/school suspect he was dealing Xanax at school;
    - and countless others.

    To get a more definitive answer, your brother needs to talk to a local criminal defense attorney as soon as possible to make sure this arrest does not affect the rest of his life.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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