Possession of 24 Pills of Ecstasy
My question involves criminal law for the state of:
hey i got a question my nephew been caught recently with 24 pill of Extacy (charge possession of substance or something like that )and now he current in denton, texas. and he current is 18 year , first offense/arrest since 18 but got in couple trouble before that already.i had some question
1. i ask my friend and they told me to ask for 12.44 A which drop a first offense felony to misd. class a , will you think 12.44a work since it his first time which
2. If 12.44A dont work what other subjection is recommend.
3. also i heard if i bail bond him out rite now that a automatic felony charge right or should i let him stay in there till trial date.
4. if he is charge how long will he face time in prison
please give me some advise
Re: Possession of 24 Pills of Ecstasy
I recommend consulting with a lawyer who speaks your native language.
You're referring to this?
Quote:
Quoting Texas Penal Code, Sec. 12.44. Reduction of State Jail Felony Punishment to Misdemeanor Punishment.
(a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.
(b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.
It seems to me that your nephew should be consulting a lawyer to see if he might qualify for a drug court program, first offender diversion or deferral, a plea bargain to a misdemeanor, a standard deferral, and/or anything else that could allow him to avoid a conviction or minimize the conviction charge. The available options will vary by county and with the facts of the offense, as well as your nephew's age and criminal history.
It's up to you if you want to post his bond. If he's an active drug addict that may be a bad idea; they're not particularly reliable about showing up for court.