How Long Do Drug Cases Take To Resolve And What Are The Penalties?
General Timeline Of A Drug Related Case
The arrest is usually real quick. The officer will take out whatever testing equipment is popular at that time. The equipment will include the required test and usually a vile or something they use to put some of the narcotics in. Then they’ll add a little bit of the substance, a liquid and shake it and if it turns in a particular color; depending on the result, they will then believe that is a controlled substance.
Some of testing equipment will have little baggies that they use, and they will be able to seal up and shake the contents. If it becomes obvious that it is a presumptive test, then the arrest is made. Presumptive tests are not designed to be 100% accurate or even close to that. After that, they send the chemicals, or the suspected controlled substance to a lab and that’s where they run into the backlog. It could be up to three or four months before a test result comes back. While that happens, that individual could still be in jail.
Some of the larger municipalities in Texas have their own drugs lab where they can do the test and get it back relatively quick. However, if you have to send it to DPS labs, then you’re going to be in for long wait. The problem is if the individual or your loved one’s in jail during that time, then it becomes very difficult.
Often marijuana is not tested by the lab. Police are able to look at it because it’s such a common item and it’s not pharmaceutically made. Marijuana could be of any kind; spice, synthetic marijuana, or just regular marijuana. Testing can be done pretty quickly and police can get a presumptive test on the side of the road. Most people are comfortable that those tests are going to indicate whether or not the substance is truly marijuana. However, if it’s a controlled substance, it can take a great deal of time so you can go anywhere from a week to up to 4 months before the case is resolved or ready to be resolved.
Penalties Involved If Convicted Of Illegal Possession, Sale, Or Distribution Of Unlawful Drugs In Texas
Penalties for conviction of drug crimes really depend upon the amount. In the federal courts, the purity of it will also contribute. In State courts, that’s not an issue but it’s the amount and what was being done with it. For instance, if somebody was caught with possession of cocaine under a gram that would be a State jail felony in Texas; anywhere from 180 days up to 2 years in the state jail facility.
If there was over a gram, say 1 to 4 grams, then that’s a different punishment range. For 4 grams to 200 grams, there’s a different punishment range; 200 plus is a different punishment range. So it’s the amount the individual has on their person during the time of arrest that makes the difference. Police then will look at the suspects past; has he been in trouble before? If he has, those could be used for enhancement purposes.
So, there are three things that play into punishments for convictions of drugs crimes; past criminal history, the amount of the drug, and whether or not it was being used for distribution.
Penalties Are Going To Be Heavier When Minors Are Involved
In federal court, it does increase the punishment through the application of sentencing guidelines when minors have been involved. In Texas, other than driving while intoxicated with a minor, they don’t have a minor component associated with the possession or distribution of a controlled substance or marijuana; it’s something that the judge, the prosecutor, or a jury would surely take into consideration in deciding punishment.
To find out How Long Drug Cases Take To Resolve And What Are The Penalties In These Cases, call the law office of Bobby Dale Barina for a FREE Initial Consultation at (254) 699-3755 and get the information and legal answers you’re seeking.
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