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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience:  Over 10 years of criminal defense practice.
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My son is in county jail and has been there about 189 days.

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My son is in county jail and has been there about 189 days. Its on drug charges. He has been to court 3 times and each time the judge ask the prosecutors office for the results on his blood lab results and the lab results on the drugs they say they have lost them or do not have them. 2 felony charges were dropped to the lowest felony's. He has a state jail felony but has not been charged with it yet either. Can they continue to hold him since these charges were from last November and next month will be a year.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today. I primarily focus my practice on criminal defense.

You mentioned he has been incarcerated for 189 days. If he has already been charged, then that would not be a sufficient enough time to justify any sort of dismissal. Basically you don't start looking at that until a year has passed, and since he apparently was out for about half that time, no judge is going to dismiss the pending charges due to the amount of time that has elapsed.

As for the blood tests, if the state cannot produce them they cannot be used as evidence against him in the case. That is a good thing.

You mention he has one of the better local lawyers appointed to his case. That is good, but that also likely means he is very busy, which is why communication has been more difficult.

As for getting the felonies reduced, that is a very fact specific consideration. That involves negotiation between his lawyer and the district attorney, and depends largely on how strong the case is against your son. Without knowing all the facts, the district attorney, and the judge, it's really hard to tell if a reduction to a misdemeanor is possible.

It appears, based on the age of the case, that it would be time to either resolve it with a plea deal or set it for trial. That is likely what will occur at the next court date.

As for the solitary confinement, the prisons/jails have great leeway in how they handle prisoner discipline. Unfortunately, many jail guards enjoy their authority a little too much, which is what sounds like happened here. And unfortunately, they will always believe the guard over the prisoner. Fortunately his time is solitary is over. If I could give him advice, I would encourage him to be overly respectful and stay out of this guard's way at all costs.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 1 year ago.


ok. I have never done drugs so I don't understand all of this.


This is what it say's on my sons charges.


 


8126


C-42,098


CHARGES......POSS CS PG 1>=4G (GOB) (F3)


POSSESSION OF DRUGS PARAPHERNALIA (C)


POSS MARIJ <2OZ (B)


POSS CS PG 1 >=1G<4G (GOB) (F3)


POSS CS (GOB)


 


Bond Amt....... 25,000.00


. NO BOND


. NO BOND


. 5,000.00


. 2,500.00


 


Authority......... OPD


OPD


CCL


JPL


. Court 244 , District Clerk Office


 


 


What do all these numbers ? Please be patient with me Innocent


Like I said Never done drugs and do not associate with people that do these sorts of things and I'm really devastated that my son got into this crap.


 

Expert:  Nate replied 1 year ago.
Nancy, no problem at all. I want to make sure you understand what is going on as much as possible.

The first set would be the charges, two of which are 3rd degree felonies as charged, possessing more than 1 gram but less than 4 grams of a controlled substance. Texas law, depending on one's record and other possible factors, punishes 3rd degree felonies with prison sentences between 2 and 10 years. If the lawyer is good, he will likely work out a deal with everything to run together (not consecutively).

It would appear based on the bond amounts that he is serving a sentence on two of the charges. The ones with amounts beside them are still pending and have not been resolved.

The Authority section is the arresting law enforcement agency.

I'll be happy to clarify anything if you have additional questions.

Nate
Customer: replied 1 year ago.


ok. My son said he received paper work saying 2 of the felonies had been dropped to the lowest felonies you can get. The other is a state jail felony. What does that mean ? What is time served ? How long do you think my son would serve on this ?


 


This might sound stupid but how much like in tea spoons or table spoons are the amounts on these drugs.


 


I do not understand these numbers.


 


And I promise I won't ask anymore questions.Smile

Expert:  Nate replied 1 year ago.
I'm happy to help. Feel good you're not experienced in this sort of thing!

The numbers are reference numbers just used by the county or jail. There is no particular significance to them as far as the case against your son is concerned.

To give you an idea of the quantity here, 4 grams is ALMOST a full teaspoon (8/10 of one, actually). It doesn't take much under the law to get in trouble when it comes to certain controlled substances.

A state felony is the lowest kind of felony. The law says you can be imprisoned between 180 days and two years for a state felony. The is a good thing. If his lawyer got those two 3rd degree felonies to state felonies, he's done your son a service.

The term "time served" means that whatever time you've spent in jail is all the time you have to serve on the crime.

How long he'll be in jail is hard to say. I cannot really tell that based on the data. His lawyer will know precisely what is going on as far as the remaining charges - that is what determines how much longer he has to serve.


Customer: replied 1 year ago.

It was for Meth. My son used to have a body like a massive body builder. When he graduated he had to get a XXXXL Tuxedo for graduation and still split the back out.
He had a 75 in chest and a 30 in waist and weighed 260 at 5ft 9in.


Now I see my son at about 165 pds and I'm lost. He doesn't even look like the same kid. I lost my 25 yr old on good Friday of this yr. He was handicapped and he just went to sleep. And I got whacked in the face with this so I'm just lost and don't understand... But with the good lord standing beside me I wake up smiling and go to bed smiling and just thanking god for all the good I have. Nate may God be with you 10 fold over to bless you and your family. Thanks a lot and hopefully next time I have a question on this I'll be able to talk to ya.

Expert:  Nate replied 1 year ago.
I'm glad to help. Meth is among the worst things to mess with, wrecking both your body and mind. Hopefully he'll get through this and see what it's doing to him.

Thanks again, and be sure to rate my service before you go. I'll be available if you have more questions.

Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience: Over 10 years of criminal defense practice.
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