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  1. #1
    Join Date
    Jan 2008
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    Houston, TX
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    7

    Default Possession of Heroin With Intent To Distribute

    Jurisdiction: TEXAS

    My Niece just got arrested and charged with: "Possession Of A Controlled Substance With Intentent To Distribute (Heroin), more than 1 gram - less than 4 grams, Penalty Group One.

    She was caught with 3 grams of Heroin in her car, then they made her go back to her house where they found 11 more grams of Heroin.

    She was caught with 14 grams of Heroin total.

    She has two prior felony drug convitions that she has served time on. One a State Jail Felony (poss of Methamphetamine), the other a felony (poss of Heroin and ICE) that they let her sit out in County.

    I have looked and looked at the Texas Penal Code and cannot find the penalty range for POACS WITD a Penaly Group One Drug.

    My Question is: What is she facing? 5-99 or life?

    Is it aggrevated because of the quantity?

    Any info would be good.

    Thanks,

    Mark

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: What Penalties For POACS (Heroin) WITD In TX

    Just to clarify... this is her third strike, right?

  3. #3
    Join Date
    Jan 2008
    Location
    Houston, TX
    Posts
    7

    Default Re: What Penalties For POACS (Heroin) WITD In TX

    yes, I believe that this is indeed her third strike.

    however, I have been hit with the little bitch once, and the big bitch twice and they always plead it down to knock off the enhancements. (Texas finally made a beliver out of me and I don't do anything but smoke weed now!)

    I didn't get into the legality of the search, for that she needs a Lawyer, but the pretext for searching her car was that it resembled a car used in a robbery. If she gave tham permission to search, she is dumb and screwed. If she didn't give them permission....

    After the car search, they told her to take them to her house so they could search it. The stupid girl actually took them to her house and, I guess, let them search it. (I would have told them I lived in my car and never taken anywhere near my house if I had 11 more grams of Heroin there.)

    Mark

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: What Penalties For POACS (Heroin) WITD In TX

    I think this is what you were looking for:

    § 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.

    (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.

    (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

    (c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

    (d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

    (e) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

    (f) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

    -----------
    12.32. FIRST DEGREE FELONY PUNISHMENT.

    (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.

    (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

  5. #5
    Join Date
    Jan 2008
    Location
    Houston, TX
    Posts
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    Default Re: What Penalties For POACS (Heroin) WITD In TX

    Thank you, that's exactly what I was looking for.

    So, without enhancement, she is looking at 2-20 years and up to a $10,000 fine.

    If they re-charge her with POACS WITD OVER 4 grams, it would be 5-99 or life, and up to a $10,000 fine.

    If they enhance her original charge, she is looking at 5-99 or life also.

    So, in reality, she is facing 2-99 years, or life, in prison.

    That really bites.

    We all told her her new job was not a good choice......

  6. #6
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: What Penalties For POACS (Heroin) WITD In TX

    Quote Quoting markccalhoun
    View Post
    Thank you, that's exactly what I was looking for.

    So, without enhancement, she is looking at 2-20 years and up to a $10,000 fine.

    If they re-charge her with POACS WITD OVER 4 grams, it would be 5-99 or life, and up to a $10,000 fine.

    If they enhance her original charge, she is looking at 5-99 or life also.

    So, in reality, she is facing 2-99 years, or life, in prison.

    That really bites.

    We all told her her new job was not a good choice......
    That's what it looks like to me.

    Perhaps going through this saved her life and will turn it around for the better.

  7. #7
    Join Date
    Dec 2007
    Location
    Ohio
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    2,006

    Default Re: Possession of Heroin With Intent To Distribute

    Was her new job a dealer?
    If it was, I'm not quite sure what the problem is. If it was, it was her conscious CHOICE to do so. She should be put away for 99 years! Thank GOD my children were not on the road near her when he was under the influence or selling to someone under the influence. She doesn't want help and already knows it all....let her figure it out.

  8. #8
    Join Date
    Jan 2008
    Location
    Houston, TX
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    7

    Default Re: Possession of Heroin With Intent To Distribute

    Yep, she was a heroin dealer.

    Yes, it was her choice and she knew the consequenses.

    We all told her that if they caught her, she was looking at YEARS in prison. But, what do you want us to do? She had already been caught for drug possession and/or in jail/prison for that, and other charges, several times before.

    But, WE can't changer her, only SHE can change herself and her lifestyle. Until she gets sick and tired of being sick and tired, it's her choice. I have enough problems living my own life and make plenty of mistakes. I can't live her life for her even if I had the right to do so.

    I am REALLY sad for her, but maybe this stint in the joint will convince her to turn her life around when she gets out.

    We can only hope that this is HER rock bottom.

    Thank you all for the information and input.

    Have a great day,

    Mark

    EDIT: I should like to add that it took me till I was 36 to get my heart right. October 28, 1996 was when I was arrested for my 5th DWI. I got 10 years in TDC for that. I did 3 years and 8 months on that sentence alone. I've spent over 13 years in jail and/or prison. I don't drink ANYTHING with alcohol in it anymore. No clubs, bars, no place alcohol is at. I finally learned that if you act bad, they DO have a place for you in prison, and, they will keep you there for the rest of your life if you make them.

  9. #9
    Join Date
    Feb 2007
    Posts
    22

    Default Re: Possession of Heroin With Intent To Distribute

    Quote Quoting gigirle
    View Post
    Was her new job a dealer?
    If it was, I'm not quite sure what the problem is. If it was, it was her conscious CHOICE to do so. She should be put away for 99 years! Thank GOD my children were not on the road near her when he was under the influence or selling to someone under the influence. She doesn't want help and already knows it all....let her figure it out.
    I'm pretty sure that Mr. Calhoun came to this site seeking legal advice and not a moral reprimand for his niece's actions. How your response is helpful to the legal questions he posed, I do not know. I also find it awfully ironic that you state that, "she doesn't want help and already knows it all..." How did you come about acquiring that bit of information? Are you personally involved in the case? Do you know Mr. Calhoun or his niece? If not, I would say that you are hardly qualified to levy judgement about what his niece knows or does not know based on the limited amount of information provided by Mr. Calhoun.

  10. #10
    Join Date
    Jan 2008
    Location
    Houston, TX
    Posts
    7

    Default Re: Possession of Heroin With Intent To Distribute

    Well, they ONLY charged her with the "Possession w/Intent to Dist. 1-4 Grams of a Penaty Group 1 Substance" which is 2-20 years in prison.

    Their FIRST offer was 15 years. She didn't take it.

    We've all told her to keep turning down their offers until they refuse to come down anymore. Hopefull she can get them down to less than 10 years.

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