Asked 1/23/2016 – Houston, TX

My Friend got caught with cocaine in his pocket. It is his first time having a criminal record. I’m not sure if he can have a change to get probation.

Answer

It is impossible to determine what the ultimate outcome of your friend’s case without knowing the totality of the situation. If this case is filed as a possession case (not a manufacturing & delivery case), is is a 3rd degree felony, punishable by 2 to 10 years in the TDC, a fine of up to $10,000, with a maximum probationary period of up to 10 years in lieu of jail time. Your friend’s attorney will receive a plea bargain offer from the District Attorney and your friend will either accept the offer or have a trial. Make sure your friend stays in touch with that attorney.