Harsh Probation Sentence Texas

Summary

A 10-year probation sentence for possession of a controlled substance in Texas can be harsh, especially for non-violent offenders with no prior trouble. For possession of less than 1 gram, it is a state jail felony with penalties of 180 days to 2 years in state jail and a fine up to $10,000. For 1 to 4 grams, it is a third-degree felony with penalties of 2 to 10 years in prison and a fine up to $10,000. If probation is violated, options include filing a Motion to Revoke Probation Hearing, contacting the Texas Public Defenders Office, or filing an appeal.

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Texas
In Texas, the sentencing for possession of a controlled substance can vary depending on the specific circumstances and the type of substance involved. For possession of less than * gram of a controlled substance (Penalty Group *), the guidelines are as follows:
- It is classified as a state jail felony.
- Possible penalties include 180 days to 2 years in a state jail and a fine up to $*,*.
For possession of * gram but less than * grams, the guidelines are:
- It is classified as a third-degree felony.
- Possible penalties include * to 10 years in prison and a fine up to $*,*.
Given these guidelines, a *-year probation sentence may align with the harsher end of the sentencing spectrum for this offense, especially if there are aggravating factors (like prior convictions).
Would you like information on how to appeal or modify your probation terms?
There was no prior trouble in Texas. Non violent. He was pulled over for speeding while working
Thank you for the details. Given the non-violent nature and no prior trouble, the *-year probation does seem on the harsher side for possession of * to * grams.
Would you like information on how to request a reduction in probation terms or explore other legal options?
No he's doing a 4 year sentence now for a probation violation
Thank you for the additional information. It seems he's now serving a *-year sentence for a probation violation. To provide the most relevant guidance:
- What was the nature of the probation violation?
- Is he seeking ways to reduce his current sentence or appeal the violation?
Non compliant. The charges were in Texas he lives in Louisiana. This all happened in * a few days before the pandemic was declared. He transfered his probation to Louisiana in *. Covid related issues lead to his violations. He was never notified of anything. He was pulled over in his home town in Louisiana and arrested on a Texas warrant for probation violation that he knew nothing about. His probation was revoked and he is now in prison in Texas for 4 years
Given the complexities of his situation, here are some general steps he might consider:
- **File for a Motion to Revoke Probation Hearing:** He may argue that COVID-related issues impacted his compliance.
- **Contact Texas Public Defender's Office:** They can offer legal representation.
- **File an Appeal:** He can appeal the revocation decision if there's evidence of procedural errors or lack of proper notification.
Would you like information on how to contact the Texas Public Defender's Office or the relevant court?