Can felony drug charges be dropped?
Drugs classified as addictive or dangerous fall under felonies. Some felony drug charges can be dismissed under 7411, and offenders may obtain probation and avoid jail time. The 7411 statute may apply to your case if you’ve been charged with the use or possession of: Ecstasy.
Can you be charged for selling drugs in the past?
If you have used illegal drugs, whether “hard” or marijuana, and possess drug paraphernalia that contains residue from these drugs, you can be charged with possession. This is true even if your drug use was long in the past.
What are the 5 types of controlled substances?
The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids.
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.
How do you convince a prosecutor to drop charges?
There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.
How can you beat a drug charge?
How to Beat a Drug Possession Charge: 5 Tips for Success
- Know Your Fourth Amendment Rights. The first and perhaps most important thing you can know for how to beat a felony drug charge is to learn your Fourth Amendment rights.
- Consider Compromising.
- Refuse to Acknowledge Possession.
- Claim Entrapment.
- Use Medical Exceptions.
What is the most common drug offense?
Possession charges are the most common type of drug charge. Most possession charges operate under the premise that you intentionally kept the controlled substance in your possession or kept a substantial amount for sale.
How long do drug investigations last?
If it is a felony or misdemeanor that does not qualify for a drug program, the case could take as long as it needs to. Sometimes it is resolved right away, sometimes it is may take three to six months and longer. It really depends on the nature and the seriousness of the charge.
What is a Class 1 drug?
Schedule I Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
Is Alazopram a Xanax?
Alprazolam (Xanax XR, Niravam), is an anti-anxiety medication in the benzodiazepine drug family, the same family that includes diazepam (Valium), clonazepam (Klonopin), lorazepam (Ativan), flurazepam (Dalmane), and others.
Can a felony be dropped to a misdemeanor in Texas?
According to Tex. Penal Code § 12.44, a state jail felony can be reduced to a misdemeanor that results in no jail time. As a reminder: a conviction of a felony means you have a criminal record.
When does a felony drug charge become a felony?
In this class, you may find medicines that have very small amounts of specified narcotic drugs. (2) If there is an allegation that a person was in possession of a controlled substance and they were intending on selling or “Distributing” those substances, the felony level can be increased.
What makes possession of a controlled substance a felony?
What Qualifies as Possession? Typically there are two things that are going to have to be proven to charge someone with possession of a controlled substance. They must first show evidence that the individual knew that the drugs were in their possession, and they intended to use them.
Can a felony be an intention to distribute?
Felony Distribution. If there is an allegation that a person was in possession of a controlled substance and they were intending on selling or “Distributing” those substances, the felony level can be increased.
What are the penalties for possession of Schedule I drugs?
Penalties for possession of Schedule I drugs are the most severe and Schedule V the least severe. Fines. Many drug possession convictions result in fines. These can range from very minor fines of $100 or less to significant fines of $100,000 or more. Incarceration.