What Is A Nondisclosure As It Relates To DWI In Texas?
A nondisclosure is very similar to an expunction, except that the prosecutors and police departments generally have access to your criminal records, which is different from an expunction. However, the general public would not be able to find evidence of your conviction, if you were able to get a nondisclosure granted. Recent changes in Texas law now allow certain DWI convictions to be eligible for non-disclosure. Not every case of DWI is eligible for nondisclosure. It has to be a first-time misdemeanor offense. The alcohol level cannot be above a 0.15.
You can also be eligible for a DWI nondisclosure if you completed a jail sentence and paid all fines and court costs. There cannot be an accident involved and it cannot be a boating while intoxicated or flying while intoxicated charge. There is a determination granted in the best interests by a judge who is considering the petition. There is a waiting period after the probated sentence is over and there is a longer waiting period, if you didn’t have an interlock ignition device put on your vehicle or if you got a jail sentence. It’s not automatic. You have to file a petition and allow the state to respond.
What are some of the most common drug charges that your firm sees?
The most common drug charge I see involves the possession of low-level street drugs, especially marijuana and tetrahydrocannabinol, which is liquid marijuana concentrate. I also see possession of methamphetamine, cocaine, and prescription medications. There has been a recent increase in the arrest and prosecution of Fentanyl, a highly addictive pain medication when possessed illegally.
How is a drug charge determined to be either a misdemeanor or a felony?
The type of drug charge is usually determined by the quantity or weight of the drug that is possessed. For marijuana, possession of more than four ounces is a felony. Most controlled substances are usually felonies, regardless of the quantity. The punishment range that you face if you are in possession of a controlled substance is often determined by quantity. If you have less than a gram, it is a felony, but it is the lowest level felony. Having over 400 grams of a controlled substance can be the most serious felony where you could face a minimum of 15 years in prison. If they charge you with intent to deliver, it is a punishment range that is harsher than the punishment for murder!
How is intent to distribute determined?
The weight and manner a drug is possessed is often what determines what charge you face. For example, if you have three grams of methamphetamine, that could be a punishment range of two to ten years in prison. If the police believe you were trying to sell that methamphetamine, that increases the punishment range up to 20 years. Penalties are more extreme when you are in possession of larger amounts, especially if the drug is divided up and packaged for sale. Police also look at factors such as if you are in possession of unexplained large amounts of cash.
What can I expect if I’m arrested for drug possession in Texas?
If you are arrested, you will be taken to jail. Until you’re given a jumpsuit, you are given a bracelet to wear with basic identification information and a photo of you. The booking process can take several hours. You will be put on a schedule for seeing an arraignment judge or a magistrate judge. When you do, you will be given a bond for the charge or be told that you are not going to get a bond for whatever reason. At that point, you may use your one call to contact a bondsman or an attorney to get out. I do bonds for clients. I can get you out of jail and the fee you pay me to do that is applied toward your legal fees. You save money by using me to post your bond because I also become your lawyer automatically.
For more information on DWI & Drug Cases In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 877-0401 today.