Asked 5/23/2016- Bowie, TX

My daughter got arrested for possession controlled substance Pg 1 at time of arrest they said misdemeanor now they sent paper work where they indicted her and charges her with poss cig pg1>1g drug free zone third degree felony what is punishment for this how can they change it from misdemeanor to third degree now

Answer

A third degree felony is punishable by a fine of up to $10,000, incarceration in prison from 2 to 10 years, or a maximum probationary period for up to 10 years. The local District Attorney decides what charges are filed. Once the arresting agency forwards the case to the DA, the case is reviewed, and if the alleged facts meet the criteria, the case can be filed as a felony, even though at the time of arrest the case was a misdemeanor. Contact a local attorney soon.