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What does POSS CS PG 1 <1G mean and what is the maximum and the minimum charge one can get?

Harlingen, TX |
Filed under: Criminal defense

How long can one be sent to jail for this charge?

Attorney Answers 3

Posted

Possession of a controlled substance less than 1 gram is a state jail felony with a punishment range of 6 months to 2 years state jail (no parole from state jail) and a fine of up to $10,000.

Due to the overwhelming number of state jail dope cases in Texas, the law requires probation in many cases.

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4 comments

Asker

Posted

what if this is the second offense within a year for possession? 1st offense daughter received probation but it was revoked and she was sent to jail. Now 5 months later back in jail on a different possession charge.

Robert Sterling Guest

Robert Sterling Guest

Posted

With a prior conviction she could get prison time. You need to hire a local defense lawyer to assist further, and research how her record will affect sentencing.

Asker

Posted

If it's a first offense will the felony charge go on the persons record?

Robert Sterling Guest

Robert Sterling Guest

Posted

Depends how the case ends.

Posted

Possession of a controlled substance, penalty group 1 less than 1 gram, is a violation of the Texas Health and Safety code section 481.115. Penalty group 1 contains many drugs; the most commonly charged are cocaine and heroin.

This is a state jail felony crime punishable by 180 days to two years in a state jail facility. If this is a first offense, then the defendant (if they accept responsibility) will usually get probation. However, no plea should be entered into if a defendant is innocent of the charges.

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Posted

It means possession of a controlled substance in penalty group one in an amount under 1 gram. Without any prior conviction enhancements, it is a state jail felony which carries a minimum of 6 months and a maximum of 2 years.

It can be enhanced to carry more time in prison, and the punishment can also be as little as deferred adjudication probation. There is always also the possibility of receiving deferred prosecution.

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