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RobertJDFL
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friend busted at Hudspeth TX border for possession with Pot,

Customer Question

friend busted at Hudspeth TX border for possession with Pot, m and h, not a lot of either but enough to get arrested obviously. He's never been arrested for anything like this. court in the morning. How much do you think his bail will be? I have to get an attorney and try to help him save his career. Is he doomed?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

Bail can vary from state to state and even county to county, but possession of marijuana is (where it's a small amount for personal use) a misdemeanor, a low level crime, so if he's not realized on his own recognizance - that is a promise to show up to court after being booked in -- bail will probably be around $1,000 to $1,500. Unless it's an all cash bond (not likely) he should be able to put 10% down through a bondsman to be released.

If they impounded the truck, essentially his truck has been "locked up" too. They'll give it back, but I expect that he'll have to pay a fine for the amount of time it's been impounded.

I can't predict what his employer is going to do, but court cases are public record. I don't know if they'll find out (it would be very unusual for the police to call the employer in such a situation) but if they ever did a background check they could certainly find out. Plus, he's going to need time off to go to court, so he's going to have to think of what he will tell his employer.

The possession charge itself is minor, as I said. If he's never been in trouble before, if convicted he's most likely looking at probation (with reporting to, and regular drug testing from, a probation officer), community service, a fine/court costs, and maybe a drug awareness class. The likelihood of jail is very, very low.

That said, any time a person is arrested, it is a good idea that they speak with a criminal lawyer before their next court date. Many offer free or low cost consultations, so even if your friend decides not to hire them, there's no obligation - it's a good way to discuss what happened and ask questions, discuss his options and find out a little bit more about what he's facing.
Customer: replied 1 year ago.

I told you he got busted with pot, m=meth and h=herion? that is not a misdemeanor by far. Now can you give me some insight at what he may be looking at pease.

Expert:  RobertJDFL replied 1 year ago.
My apologies - it would be helpful if when asking a question, you do not abbreviate anything.

Possession of less than a gram of meth is a state jail felony, punishable by up to 2 years in prison and/or a $10,000 fine. 1-3.99 grams makes it a felony of the third degree, carrying a 2-10 year sentence and/or up to a $10,000 fine.

The same penalties apply for heroin.

Still, if this is a first offense, he may be able to plead to probation, and avoid jail/prison altogether. If it's not a first offense, he may still be able to plea to a reduced charge or penalties, since the majority of cases do not go to trial.

As far as a bail amount, $5,000 for each felony charge would not be unreasonable.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10275
Experience: Experienced in multiple areas of the law.
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