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Do first time drug offenders go to jail?
Even first-time drug offenses can carry jail time and you cannot count on the court being lenient. An experienced attorney can fight to protect your fights and help to ensure the most positive outcome, including possibly having your charges dismissed, reduced, or allowing you to be placed within a probation program.
What is a controlled substance charge in Texas?
Texas Drug Laws and Penalty Groups The charges for drug possession in each penalty group varies. At a minimum, the charge for drug possession in Texas is either a “Class B” or “Class A” misdemeanor. This carries a penalty of up to one year in jail and a fine of up to $4,000, depending on the type of drug.
What class felony is possession of a controlled substance in Texas?
Possession of a Penalty Group 1-A substance is always charged as a felony under Texas law. For small amounts, you will face a state jail sentence of between 180 days and 2 years in addition to a fine of up to $10,000.
Do judges go easy on first time offenders?
One of the more important factor judges consider when sentencing is the defendants’ prior criminal histories. If you have a squeaky clean record and this was a first-time offense, the judge is much more likely to go easy on you. Sometimes first offenses are dismissed altogether.
What state has the toughest drug laws?
Florida’s Drug Laws Among the Toughest in the US
- Stringent classification. If a substance is classified as a CDS, it is an illegal substance.
- Possession is regulated strictly. In addition to the use of marijuana, possession of this drug is also a crime in Florida.
- Penalties and sentences.
How do you beat a felony drug charge in Texas?
Check out these four common ways to beat a felony drug charge in Texas:
- Don’t Say a Word. No, really—we mean it.
- Be Polite. We don’t want you chatting with police without a lawyer present.
- Think Hard About Any Plea Agreements You’re Handed. Prosecutors are busy little bees.
- Call a Lawyer. Just do it.
Can you get probation for a felony drug charge in Texas?
If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.
What does a judge look at when sentencing?
A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …
Should I write a letter to the judge before sentencing?
In some legal cases, it may be beneficial for a defendant to write a letter to the judge before sentencing. However, this should only be done only after a defendant discusses this action with their attorney. If the attorney believes that it will help the defendant’s case, the letter will be submitted into evidence.
What’s the penalty for selling a controlled substance in Florida?
The sale, delivery, or possession with the intent to sell or deliver, the following substances is a felony of the second degree, punishable by a prison sentence of up to 15 years, a fine of up to $10,000, or both:
What’s the punishment for delivering a controlled substance in Texas?
The punishments can be much more severe than in simple possession cases if the amounts are large enough, with sentences of up to life in a Texas prison and fines up to a quarter-million dollars. The Texas Controlled Substances Act defines “delivery” as giving a controlled substance, or a fake controlled substance, to another person.
When is a controlled substance crime in the first degree?
A person is guilty of controlled substance crime in the first degree if: on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or methamphetamine;
What happens if you are convicted of a controlled substance charge?
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.