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  1. #1

    Question Delivery of Controlled Substance, First Time Offender in Texas

    My question involves criminal law for the state of: Texas
    I was arrested for delivery of a controlled substance (13) 10/325 hydrocodones. I've never been in trouble before. Someone I sold to was wired. They were from a prescription I had. I'm disabled n made a terrible mistake. I was read my rights once I got to the jail by drug task guy. I thought they are suppose to read them to you when 1st arrested n handcuffed? I'm scared. I am going to ask for court appointed lawyer I was told the charge carries 180 days to 2 yrs. Drug task said if I helped bust 5 ppl by buying drugs it would help my case I turned it down as I don't know anyone. Like I said very stupid mistake. What would I get as a sentence. I have only had a felony bk in 1993 of Theft of Service n a misdemeanor in 1996 harassment on ph. Please help Thank you!!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Delivery of Controlled Substance, First Time Offender in Texas

    This is another felony. It's serious. You know the drill (or should with your criminal history). Get a lawyer. If you are indigent and can't afford one, ask for a public defender. Never take legal advice from the police.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Delivery of Controlled Substance, First Time Offender in Texas

    How do you reconcile these two statements?

    Quote Quoting purposeintexas
    View Post
    My question involves criminal law for the state of: Texas
    I've never been in trouble before.

    And

    I have only had a felony bk in 1993 of Theft of Service n a misdemeanor in 1996 harassment on ph.
    You say you have never been in trouble before, and then mention a felony and misdemeanor. Did you have the other charges expunged?

  4. #4

    Default Re: Delivery of Controlled Substance, First Time Offender in Texas

    Thank you for the replies. My other charges were not explunged? I guess u mean dropped. I was given probation on felony charge & deferred aju on misdemeanor. like I said I never had any drug related charges, never used drugs I only use my prescribed medications.

    Also what I meant by saying I have never been in trouble is w/any drugs or related drug offense.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Delivery of Controlled Substance, First Time Offender in Texas

    Then this is your third charge.

    And second felony.

    You need an attorney to avoid prolonged jail time.

  6. #6

    Default Re: Delivery of Controlled Substance, First Time Offender in Texas

    Thanks i jus thought since its been close to 20 yrs they would take that into consideration. can't afford Att. gonna ask for court appointed one but did seek a few lawyers out n had free consultation. I was told most likely will get probation fines n w/right attorney defer adunicated n after pd possibly wiped from record. Guess I will find out soon enuff.

  7. #7
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Delivery of Controlled Substance, First Time Offender in Texas

    It all depends,the sentencing points might be a felony within a certain amt of time or any felony could affect it,the da and judge is gonna see the felony so it's up to their disrection. It's important to say quiet and say nothing. They might keep in mind that it was 20 years,hopefully it was just a one time deal that they have on you. Keep quiet and hope the lawyer can arrange probation or lower the degree of the felony,b.c it's a selling charge and the prior felony it's serious. The legal aide can give you a plan of attack,follow their advice before saying or doing anything.

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