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my husband was picked up with less than 20 grams of weed and…

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my husband was picked up...
my husband was picked up with less than 20 grams of weed and the arresting officers are telling him that they want to use him in sting operations or they are going to charge him. Have two questions. one what would happen if he chooses to go with the charge (1st offence), and should he do the sting op?
Submitted: 8 years ago.Category: Criminal Law
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Answered in 27 minutes by:
6/15/2010
Criminal Lawyer: RobertJDFL, Lawyer replied 8 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,326
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Thank you for your question. Marijuana possession laws in Texas are measured in ounces. 20 grams should be under 1 oz. Anything under 2 oz is considered a Class b misdemeanor. While it is punishable by a maximum of up to 6 months in jail and a fine of up to $2,000, for a first offense he is likely looking at probation, community service, court costs, etc., and not jail. He may also be eligible as a first offender for something called "deferred adjudication", which is a type of probation where a defendant enters a guilty plea, but the judge "defers" the sentence. If probation terms are successfully completed, then the case is dropped, and therefore would not be considered a conviction. He could also be eligible to have the record sealed or expunged later.

If this is the only thing he was charged with, it is surprising that the police would be pressuring him to do a sting operation. However, I can't tell you whether or not he should take it -that's something he and his attorney need to discuss after reviewing all the facts of the case and after discussions as to the best approach. It may be he can get the same deal from the prosecutor as he could doing the sting, in which case, it may not be worth it.

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