Inmate comes back to the jail from a county work program. He's searched and has tobacco in his possession. As I read P.C. Sec. 38.11, tobacco is only an offense if a person "provides ... a ... cigarette,tobacco product ... to an inmate ..." In my case, the inmate has possession of it but didn't provide it to another inmate. Is there a criminal offense here? Thanks.

Mike, you guys must have crime just about whipped out that way if you are even considering charging a guy for tobacco possession in the jail.

John, my friend, it was "considered" well before I learned of the matter. They were arrested on the spot!
However, I do appreciate your responsive post. I've pasted it into my "campaign ad" file for future use. We do keep after the crooks pretty hard. I'm trying to figure out how to make "smirking at a correctional officer" a felony. But most importantly, I'm relieved to know that my hard-working first assistant didn't get all of the "attitude" in the Bradley family. (Smile, John)

Doesn't the facility have to be a TDCJ facility anyway? If you're talking about your county jail, I'm guessing it would not meet the requirements. But, just as a point of consideration...how about charging him as a party to the person or persons unknown who provided him with the tobacco?

Mike, my good friend, I feel fortunate that you have some insight into my rather cynical sense of humor. Your first assistant no doubt defends my honor from time to time through his own display of Bradley humor.

As for the on site arrest for possession of tobacco, it is that sort of scenario that is causing me to move to requiring police to contact a prosecutor and obtain approval for filing any felony case BEFORE putting that person in jail. As our county has grown, we need more input at the charging decision.

Mike, since tobacco is known to cause lung cancer, add a deadly weapon allegation and really get tough on crime.

Okay, Ken, you win the 2nd place award in the John Bradley "Smart Alecky" Attitude Contest. John permanently occupies 1st place. By the way, the 2nd place award winner gets an unguided trip with no paddles or lights down the Trinity River at night when the river is really low with stumps galore. Let me know when you want to pick up your winnings. (-;

I had the same situation just come up. My genius was sentenced to 1 year county jail for attempting to provide tobacco to an inmate. After sentencing, our hero is taken to the jail and searched. They find tobacco under the soles of his shoes. Myself and several colleagues read that tobacco has to be provided. I can charge an attempt put to who. Defendant should argue that it was for personal use. My sheriff wants an opinion letter from my DA. Am I wrong?