What Is The General Timeline Of A Drug Related Case In Texas?
Timelines for a drug case vary depending on whether the charge is a misdemeanor or a felony. When charged with the misdemeanor charge of possession of controlled substance, all the state has to do is accept the charges and file the information and then the accused must appear at his or her arraignment. The next few months will be spent obtaining discovery and preparing for trial if necessary. With a felony drug charge, the State must also indict the accused. Both misdemeanor and felony drug charges require diligent investigation to see if it is a case that can be dismissed or one that has to be tried in front of a jury. There may also be other options available like second chance programs or pretrial diversion which could be paths to dismissal.
Do Most Drug Related Cases End Up Going To Trial?
The truth is that most criminal cases do not go to trial. I have seen some estimates that state that over 90% of cases end in guilty pleas. There could be a number of reasons for this. The client may be afraid to try a case for fear the jury will convict them or the client may have a lawyer who doesn’t want to try their case for whatever reason. If I think the state can’t prove their case beyond a reasonable doubt, I will always recommend a jury trial in a drug case or any other criminal case.
Can Police Execute A Warrantless Search Of An Automobile or A Premises If They Suspect A Drug Offense?
The Fourth amendment provides that an officer must obtain a warrant when searching someone’s home or vehicle, but there are exceptions to the rule. If consent is given to search, then a warrant isn’t needed. Police don’t need a warrant if drugs are in plain view or if the search is related to an arrest which has already taken place. Police may also search “incident to arrest” meaning they don’t need a warrant following any lawful arrest.
What Are The Penalties For Drug Convictions In Texas?
The range of penalties for drug convictions varies due to the amount of drugs, the intent of the accused and the type of drugs. Drug-related penalties range all the way from a Class C fine-only penalty to serious felony time up to life in prison for manufacture or delivery charges
Are There Any Alternative Programs Available For First Time Offenders?
Definitely, second chance or “diversion” programs exist for some drug charges and are a good option for many people. They usually require treatment, classes and probationary supervision. At the end of successful completion of one of these programs, the district attorney will sometimes dismiss the charges, or the defendant can avoid jail time. If the DA dismissed a defendant’s case, they can get the arrest expunged. An expunction isn’t automatic, but we can help with that.
What Sets Your Firm Apart In Handling Drug Cases Specifically?
We understand that people make mistakes and that drug addiction is something that needs to be treated. We have experience successfully handling these types of cases, and our fees are affordable enough so that the average person can afford us
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