September 7, 2016

Asked 8/27/2016 – Kaufman, TX

They are trying to give my friend who’s a first time offender 6 months state jail just. For 0.01 grams of a controlled substance which was found in between the passenger seat and door. And he was driving

Answer

Which is better? I do not see the choices you have presented. “They” are trying to give 6 months state jail time. You friend has the constitutional right to a jury trial. If he does not like any plea offer made by a prosecutor, he may have a trial, cross-examine any witnesses against him and present witnesses on his behalf. If he is found not guilty at trial, the case is dismissed, no fine is assessed and no criminal conviction is entered on his criminal record. If he is found guilty after a trial, he is convicted and can be sentenced to incarceration in a state jail facility from 180 days to 2 years, or his sentence can be probated, and he can be fined up to $10,000. Have a serious sit down with counsel of record.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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