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What will the penelty probabally be????

Houston, TX |

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

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Attorney answers 4


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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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.

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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.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies


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

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