Tex. Code Crim. Proc. art. 42A.559
Possession with the intent to deliver carries the same punishment range as manufacturing or actually delivering a controlled substance in Texas. Possession with the intent to deliver cases are often alleged that way based on circumstantial evidence such as how the drugs were packaged, the presence of notes or text messages that suggest a sale, or the presence of items like scales and baggies. The punishment ranges are further enhanced if it is shown that a child under the age of 18 was present at the time of the manufacture of a substance in Penalty Group 1.
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If you or a loved one has been arrested for Manufacture Delivery of a Controlled Substance or Possession of a Controlled Substance with the Intent to Deliver, call us at or contact us online:. I was represented by the firm for a felony POCS 4gg. First, I want to say I cannot thank Anna Summersett enough for everything she has done on my behalf. From the beginning, she was very easy to communicate with and was willing to answer ALL of my questions. After a medical emergency dealing with PTSD, I called the firm in a panic hoping to find some sort of clarity. I was then right away transferred to attorney Ms.
They use this portal called my case that makes communication with your attorney very efficient. Summersett always responded to my messages quickly, even late at night or early in the morning she was keeping me in the loop. When I was arrested I was not sure of how to deal or handle the stress because going to jail and to court can be a very horrific experience.
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Summersett I am now able to have my life back. With this charge a dismissal is very unprecedented. God bless Anna for negotiating a dismissal of my case. I am a gold star parent who lost my son who was a Sargent in the Air Force and my daughter is a Captain in the Air Force.
Reduction under Unfortunately, even if the punishment is reduced , a State Jail Felony punished under The upside is, instead of serving six months to two years in a State Jail facility day-for-day , you can be sentenced to: 1 serve up to a year in county jail; or 2 two years of probation. Section B requires the prosecutor to agree to the reduction. So, the prosecutor can request through plea bargain or at sentencing that the judge reduce a State Jail Felony to a Class A Misdemeanor.
While A conviction under An offense that is prosecuted under This is a much better, but rarer, option. State Jail Felony offenses in Texas are punishable by days to 24 months in a state jail facility. This is known as Diligent Participation Credit. Under Diligent Participation, a person can receive time credit for their participation in state jail programs such as education, work, and substance abuse treatment. For the date the report must be submitted, multiple the number of days you are sentenced by 0.
Texas Misdemeanor & Felony Charges
This is the day TDCJ must send the report to you judge. The State Jail will report a day of diligent participation for every day in custody once the inmate arrives at the state jail facility. Back time or back credit is also possible. There are a few exceptions to the Diligent Participation Credit program however. Inmates who are found guilty in custody of disciplinary actions such as refusing to work; refusing to attend school or complete school work; or refusing a required treatment program are not eligible to receive credit for diligent participation.
Inmates subject to solitary confinement or administrative segregation are also ineligible to receive credit for those days. On September 1, , a new option became available for inmates. At the time of sentencing, the sentencing judge can determine that the offender is presumptively entitled to receive the diligent participation credit for a State Jail Felony sentence. The credit is awarded to the inmate as long as he does diligently participate. However, if disciplinary action is taken in custody against an inmate presumptively assumed entitled, the time credit will not be given. The program is designed to encourage inmates to work toward rehabilitation and serves as a security measure.
Contact us to talk about your State Jail Felony charge. Our lawyers are experienced and skilled Fort Worth criminal defense attorneys that have handled cases in Tarrant County and surrounding counties. Our office is located in downtown Ft Worth, TX.
WHAT IS THE SAFPF PROGRAM?
If a person is found guilty of a 3rd Degree Felony in Texas, then the person can be sent to prison Texas Department of Criminal Justice — Institutional Division for 2 years to 10 years. The length of probation for a 3rd Degree Felony is usually 2 to 10 years.
For the specifics of possible penalties in your case, you need to find a Fort Worth criminal defense attorney. A Second Degree Felony is punishable by a minimum of two years in prison and a maximum of 20 years in prison. The length of probation may be from 2 years to 10 years. If a person is sentenced to 4 years or less for an Agg, 3g, or deadly weapon Second Degree Felony, then the person must serve a minimum of 2 years before being eligible for parole.
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So, if you or a loved one has a Second Degree Felony charge, then you need to talk with a criminal defense attorney. If someone is convicted of a 1st Degree Felony, then that person can be sent to prison TDCJ Institutional Division for 99 years or Life and a minimum prison term of 5 years. Fewer First Degree Felonies are eligible for probation than other levels of charges, but some 1st Degree charges can get probation or deferred adjudication. If someone is found guilty of a Capital Felony in a case in which the State has filed a notice to seek the death penalty then the person convicted will be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death.
An individual adjudged guilty of a capital felony in a case in which the State does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:. In death penalty cases, prospective jurors will be told that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the State does not seek the death penalty, prospective jurors shall be informed that the State is not seeking the death penalty and that a life sentence is mandatory.
Regardless of what felony charge you are facing, we want to help.
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