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What are possible consequences for possession of cocaine and felony burglary under TX criminal codemy son was picked up on a probable cause warrant for burglary of habitation. he was out on bond and he got pulled over and 1 1/4 grams of cocaine was found in his car. the passenger took all the blame for that but they also charged my son for it. the passenger signed and took punishment for the drugs and my son is still looking to go to court on it. he is being held without bond because of the burglary case. the DA contacted the victim of the burglary case and told the da my son had nothing to do with it and his name was falsely given by another witness. if the burglary case can be dismissed what does my sons future look like on the cocaine case. Attorney answers (2)
Reputation Level 13
Answered over 3 years ago.
Criminal Defense Attorney in Houston, TX.
Why do you think only the burglary case can be dismissed? It is possible that both cases may be dismissed. Thus, an experienced criminal attorney is needed. Your son is still entitled to a bond of both cases. Please keep in mind that your son is PRESUMED TO BE INNOCENT of all charges. Thus, he new bond will be in the neighborhood of 30-50 thousand dollars depending on his criminal history. It is very important to bond him out because depending on the court it could take months before there is a resolution to your son's cases. This is the bonding schedule for Harris County, Texas http://www.justex.net/BailBondSchedule.aspx.
Nevertheless, assuming that he is guilty of the cocaine case a lot depens on the amount after it goes to the lab. For example, if it stays over one gram of cocaine he will be facing 2-10 years in TDC. However, if the lab report comes back under one gram he will be facing 180 days to 2 years in the state jail. A lack of a felony record as well as having prior felony record will determine what is offered to him in the way of punishment. Feel free to contact me if you have any other specific questions. 7 people marked this answer as good
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Reputation Level 20
Answered over 3 years ago.
Criminal Defense Attorney in San Francisco, CA.
If the DA drops the burglary case nothing changes i the cocaine case. There is no connection between the two. the cocaine BTW was found in his car, not on the passenger's person. If the initial stop was valid it's going to be hard to prove your son had no connection to or knowledge of the cocaine, burglary or no burglary.
6 people marked this answer as good
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