What will the penelty probabally be????

Asked almost 2 years ago - Houston, TX

he had 3 ambien and 2 hydrocodone in wallet. has prescription for ambien but not hydrocodone????

Attorney answers (4)

  1. Carmine John Giardino

    Contributor Level 14

    4

    Lawyers agree

    Answered . The charge for ambien should get dismissed by showing the prescription. The hydrocodone range of punishment depends on what kind of hydrocodone and how many mg's total. You may have a defense to illegal search and seizure on the hydrocodone depending on the facts. Some drug cases are mandatory probation if no prior felony convictions. See CCP art. 42.12 section 15(a). So it all depends. Hire a lawyer to help you with this.

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  2. Tracy Mcneill Pullan

    Contributor Level 11

    3

    Lawyers agree

    Answered . The 2 hydrocodone will most likely be a misdemeanor possession of controlled substance with a range of punishment from 0 - 1 year in jail and up to a $4000.00 fine. If convicted he could be eligible for straight or deferred probation. But you definitely should consult an attorney to make sure the stop, search, and arrest are all legal.

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  3. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The penalty range depends on what of offense the case is filed as. If he has an ambien prescription in his name, the case will be dismissed. Sometimes if an attorney gets the scrip to the police or the intake DA, they won't even file the case.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  4. David Daniel White

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You will probably be charged with possession of a dangerous drug for the hydrocodone which is a class A misdemeanor.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

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