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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88819
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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how much time can you get for taking tabacoo to an inmate

Resolved Question:

Can you be charge with delivering tobacco to an inmate in Texas?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The charge of bringing contraband into a prison is a class c misdemeanor under Texas penal code 38.114, unless it is committed by a prison employee and then it is a class b misdemeanor. A class c misdemeanor is punishable by only a fine of up to $500 and has no jail time imposed and does not impose any real disabilities. It is more like a traffic ticket. A class b misdemeanor is punishable by
Customer: replied 1 year ago.

can a process server serve you with paper concerning this detail.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes a process server can serve you with notice of this charge. Also a class b misdemeanor has a fine of up to $2000 and jail up to 189 days.
Customer: replied 1 year ago.

But you said it was a class C misdemeanor if you where not a employee.

Customer: replied 1 year ago.

But you said it was a class C misdemeanor if you where not a employee. and why would a process server need to serve papers

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Even though it is a class c misdemeanor, you still have to be served to appear in court if they are charging you with the offense. It is still an offense that you have to go to court for.
Customer: replied 1 year ago.

If it happen back in June of last year, why would they wait to file now, June of 2013

Expert:  Law Educator, Esq. replied 1 year ago.
I do not know why they took so long to charge you, but the statute of limitations on misdemeanor charges in Texas is 2 years from date of the offense. Thus, they have 2 years to charge you. Sometimes these prison investigations take time or they refer the case to the DA and the DA takes their time deciding on the charges because this is a very low priority case for them.
Customer: replied 1 year ago.

Would it been easier to send a letter to you concerning this incident.

Expert:  Law Educator, Esq. replied 1 year ago.
I do not understand what you mean or what more you would like to know. Of course I have no knowledge about your incident or why they took so long to charge you in the case because I do not have copies of the reports nor can I speak to the DA about the case. All I can do is provide you general legal information as to what the law says based on what you asked, which I did. Now you are going off and asking much more additional information beyond what you originally asked and acting like I represent you and can contact the DA to find out why they took so long to charge you with this case, but the law and site rules forbid me from engaging in that type of representation.

If you have some more specific questions pertaining your charge that do not require me to guess as to what was in the mind of the DA when they decided to charge you, I would love to work with you to provide you that information.
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. If you want to provide a more specific and direct question about your case I would be more than happy to continue helping, but I cannot represent you and I thank you for understanding. Also, as your actual original question was answered in detail I would appreciate you not forgetting to leave positive feedback as that is the only way the experts are credited for spending time with you.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88819
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you

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