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My boyfriend was recently arrested and charged with possession of .2 of a controlled substance...heroin. He was parked in parking lot; the cops received a call about an individual suspected to be shooting narcotics. The police report read that the arresting officer observed my boyfriend, approached the vehicle, and saw a spoon with what appeared to be residue from black tar heroin in plain view on the passenger side floor board. The officer immediately told my boyfriend to get out of the car and he was placed under arrest. A used syringe was also found. A field test confirmed the substance was heroin, although no rock or physical drugs were found. My first question is, is there even enough residue left to be tested, if an examining trial were requested? He has been in county jail for 2 months and has not been indicted. He was on felony probation for check forgery $500 or less. Is he still eligible for a 12.44 A? A criminal defense attorney that is a friend of the family told me that he is. We cannot afford a free world attorney and his court appointed is not being of much help, saying that he is looking at 2 years. My understanding is that 2 years would be the maximum penalty and surely this is not the best we can get. He has no prior drug charges and has been completing classes to demonstrate to the judge he is taking a pro active approach to doing his time. How much time is he legitimately looking at and what are our options?? Any advice would be much appreciated | ||
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"Welcome to the TDCAA Bulletin Boards. The discussions in these user forums are for the benefit of prosecutors and their staff members, although we welcome relevant and appropriate input from other members of the criminal justice and government lawyer community. The opinions expressed on this forum are those of the authors and do not necessarily reflect those of TDCAA, its staff, or any other member of the association. These forums are NOT a source of legal advice for citizens. Call the State Bar of Texas (800/204-2222) for information on seeking legal advice." | |||
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