If someonearrested forpossession of a controlled substance, is probation possible/probable?

UPDATED: Oct 30, 2010

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If someonearrested forpossession of a controlled substance, is probation possible/probable?

Under one gram of cocaine. Should they speak to a criminal defense attorney? In Bexar County, TX.

Asked on October 30, 2010 under Criminal Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Texas doesn't take possession of cocaine lightly; it is a serious matter. Even a gram of crack cocaine in your possession at the time of arrest can result in felony charges (your case). Cocaine possession penalties and jail time will depend upon the amount possessed. A conviction for less than 1 gram of cocaine may be punishable by up to 2 years in state jail and/or by a fine not to and including $10,000.  However, any or all of the state jail time and/or fines may be probated, in an eligible case, for up to 5 years. An skilled criminal law attorney familiar with drug violations is your best bet to avoid severe penalties. 

Note:  In TX, the state can also suspend your license for up to 6 months following a conviction on any violation of the Controlled Substances Act.  Additionally, forfeiture and civil penalties are possible.

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