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Can felony drug charges be dropped in Texas?
You can challenge lab reports regarding the drug in question. Your right to an attorney was denied to you, or the arresting officer failed to Mirandize you. If the prosecution fails to follow legal time frames, you can seek dismissal of the case. Possession beyond a reasonable doubt is very difficult to prove.
How do you get a drug possession charge dropped in Texas?
How To Win A Drug Possession Case
- Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges.
- Assess Possible Defense Strategies.
- Lab Testing Issues.
- Beyond a Reasonable Doubt.
- Contact a Drug Possession Attorney Today.
Can felony drug charges be dropped?
While no drugs possession charge ever totally disappears, if it is your first time being caught with a small amount of drugs, there are very clear limits on how severe your punishment should be.
Do first time drug offenders go to jail Texas?
For less than a gram of a controlled substance, you will face up to two years in a state jail as well as a fine of no more than $10,000. For large distribution cases, the penalties for a first-time offender are up to $250,000 and 99 years in prison.
Can a felony drug charge be reduced to a misdemeanor in Texas?
Section 12.44 of the Texas Penal Code (12.44 reduction) allows defendants charged with a State Jail Felony to receive a Misdemeanor punishment.
How do you beat possession 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.
How long do police have to file drug charges in Texas?
If charges are never filed, someone can seek expunction long before the statute of limitations expires, contingent upon how serious the charges are. The current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felony charges.
How do you beat a drug charge?
TOP 10 DRUG CHARGE DEFENSES
- Unlawful Search or Seizure. Search and seizure issues are quite common in drug cases.
- Lack of Possession. Another common defense to a drug charge is to simply that the drugs don’t belong to the person charged.
- Miranda Rights Violation.
- Entrapment.
- Proof of Knowledge or Intent.
Can you get probation for a first time felony in Texas?
Probation can be an option for certain first degree felony convictions in Texas. Probation is an alternative to serving time in jail. Some defendants convicted of first degree felonies can be put on probation rather than sent to prison. Probationers have to meet all of the requirements of their probation.
How do you get a felony dropped to a misdemeanor in Texas?
The prosecutor can request (through plea bargain or at sentencing) that the judge reduce a State Jail Felony to a Class A Misdemeanor. While 12.44(b) has the same two possible sentences, it does not result in a felony conviction.