Drug Crimes, Substance Abuse First Time Offense-Possession in Texas

[jdiesel33]

Jurisdiction

Texas

Hello, just wanting some advice and maybe some possibilities of what could happen. My son is 19 and was arrested for possession of a controlled substance, small amount of heroine. This was his first arrest, but has previously had 2 tickets for public intoxication, one for alcohol and the other for marijuana. Other than those, this is his first offense. What is the likelihood that they will dismiss the case, this being his first arrest? We have checked him into a 30 day (minimum) residential drug rehab facility. Once he completes this program, will that increase the chances of the judge dismissing the case? And is there a major advantage in hiring a lawyer for something like this over using a court appointed attorney? I dont really have the money for an attorney after having to pay for rehab, but wanted to know if it would make a big difference over a court appointed one. Any advice/answers are greatly appreciated. Thank you.

 

[Highwayman]

If he can afford an attorney he should retain one ASAP. If he can't then he can get the court to appoint counsel. It's one or the other.

If you have the money then the best thing you can do for him is get him legal help. This isn't going to be dismissed just like that. This is not a do-it-yourself matter.

In addition he needs help for his drug problem.

 

[leslie82]

Hello, just wanting some advice and maybe some possibilities of what could happen. My son is 19 and was arrested for possession of a controlled substance, small amount of heroine. This was his first arrest, but has previously had 2 tickets for public intoxication, one for alcohol and the other for marijuana. Other than those, this is his first offense. What is the likelihood that they will dismiss the case, this being his first arrest? We have checked him into a 30 day (minimum) residential drug rehab facility. Once he completes this program, will that increase the chances of the judge dismissing the case? And is there a major advantage in hiring a lawyer for something like this over using a court appointed attorney? I dont really have the money for an attorney after having to pay for rehab, but wanted to know if it would make a big difference over a court appointed one. Any advice/answers are greatly appreciated. Thank you.

If he can get a private lawyer they won't offer him a court appointed attorney. You might want to go talk to some if you're intent to assist him.

30 day intreatment program isn't going to be the end of it. Those honestly don't do crap for anyone. 30 days is nowhere near long enough to help an addict.

 

[jdiesel33]

If he can afford an attorney he should retain one ASAP. If he can't then he can get the court to appoint counsel. It's one or the other.

If you have the money then the best thing you can do for him is get him legal help. This isn't going to be dismissed just like that. This is not a do-it-yourself matter.

In addition he needs help for his drug problem.

Not sure you read all the way thru the question. He is in a 30 day residential rehab program right now. Part of the question was will that increase the likelihood of the judge dismissing the case. And we definitely arent attempting to do it ourselves, I was just asking what are the advantages of hiring an attorney vs using a court appointed one. Thanks

 

[leslie82]

Not sure you read all the way thru the question. He is in a 30 day residential rehab program right now. Part of the question was will that increase the likelihood of the judge dismissing the case. And we definitely arent attempting to do it ourselves, I was just asking what are the advantages of hiring an attorney vs using a court appointed one. Thanks

Again you cannot get a court appointed attorney if you can afford an attorney. He will have the option to request a court appointed attorney. They I believe ask you some questions to determine if you qualify or not. So if he doesn't qualify then you would seek a lawyer you pay for. Generally even court appointed attorneys have their own practice and have been lawyers for 20+ years. So they're not much different than one you pay for.

No one can know what the judge will do. It may help. But no one can predict that.

 

[mightymoose]

No, it won't necessarily lead to a dismissal of the case, but could help to minimize any penalties. I'd expect probation, community service, and an order to attend classes. Given his past I'd expect him to come away with conditions that make him searchable at any time.
This is not his first offense and won't be treated as one.

 

[army judge]

Not sure you read all the way thru the question. He is in a 30 day residential rehab program right now. Part of the question was will that increase the likelihood of the judge dismissing the case. And we definitely arent attempting to do it ourselves, I was just asking what are the advantages of hiring an attorney vs using a court appointed one. Thanks

I am a retired Texas District Court judge.
I tried many cases of people found in possession of illegal drugs, including heroin.
Being an addict isn't a crime.
Being in possession of an illegal substance is the crime.
Your son is innocent until proven guilty.
Until he is acquitted or convicted, he's the same as you or I, innocent.
A 30 day program isn't long enough to arrest his addiction, much less cure it.
Addicted or rehabbed, he still must answer for his crime.


Our Republic of Texas takes a tough stand regarding illegal drugs!

Possessing a small amount of heroin -- less than one gram -- is charged as a felony in Texas.

A conviction often results in state jail time.

Some, district courts in Texas offer drug diversion programs for first-time offenders in lieu of prison.
In our two counties were my court administered justice, I offered first time offenders a 60 day, or 90 day in house rehab program, one was administered by the TDCJ for long time offenders.

The law n Texas for Possession:

Less than 1 g. = state jail felony
1-4 g. = 3rd degree felony
4-200 g. = 2nd degree felony
200-400 g. = 1st degree felony
> 400 g. = 10-99 yrs to life in TDCJ and/or $100,000 fine!

Your son should look into STAR, a second chance for first time offenders:
...
...
Harris County District Courts
...
...

He can get treatment, clean up his life, and avoid prison; if he wants to work very hard to help himself.

 

[Highwayman]

Part of the question was will that increase the likelihood of the judge dismissing the case.

YES, I know. The answer remains the same. The penalty may be lessened but a dismissal is not at all likely.

 

[zddoodah]

Other than those, this is his first offense.

No, it's not his "first offense" in any conceivable sense of the term. That's kinda like saying, "other than the 62 people he previously killed, this was Joe Bob Serialkiller's first murder." Trying to minimize what is, for a person who is only 19, a fairly extensive history of this sort of thing

What is the likelihood that they will dismiss the case, this being his first arrest?

Ummm...why would "they" dismiss it? "They" might, hypothetically dismiss it for some other reason that we wouldn't have any way of knowing about, but "they" aren't going to dismiss it just because it's his first formal arrest (esp. given his prior record).

And is there a major advantage in hiring a lawyer for something like this over using a court appointed attorney?

It's not like there's a choice here. If he can afford to hire an attorney, then the court won't appoint one.

No, it won't necessarily lead to a dismissal of the case, but could help to minimize any penalties. I'd expect probation, community service, and an order to attend classes. Given his past I'd expect him to come away with conditions that make him searchable at any time.
This is not his first offense and won't be treated as one.

Concur.