What Are Some Other Issues Involved In Drug Cases?


Determining Whether A Drug Crime Is Going To Be At The Federal Level Or The State Level

The practice of the federal system is somewhat different. It’s designed for handling cases that are too big in a geographical framework for local law enforcement, or local prosecutors. The local prosecutor is limited really by a county, and the area he selected; He looks at crimes occurring within that county.

The federal prosecutor can look at crimes occurring within multiple counties because he can investigate and can bring charges on somebody operating through multiple counties, multiple states. He has a greater ability because he’s not limited to his jurisdiction. A lot of times, if it’s a large drug bust or if it’s a case involving a lot of people, then the federal government will take it.

In other words, if you’ve got 15 to 20 people working for a same common goal to manufacture and distribute a controlled substance, then the federal prosecutors will take that and say, “Listen, we’re going to deal with it because there are so many people involved.” The state prosecutors like to deal with cases involving a smaller number of people because of the resources available.

Deferred Adjudication Or Pretrial Intervention Available In These Programs Under Texas Law

When you get to a pre-trial intervention that is something where you work at an agreement prior to the case being filed, and if it is filed, does it go to court? You really never go to court on this; it is something that is resolved prior to. A lot of counties have put a lot of work into those programs. They’re really designed to prevent somebody from getting a drug related case on their permanent history which would affect their ability to get particular jobs down the road. So in essence, these would be a first offender type of program.

Deferred adjudication is where you actually go to court and the judge finds that there’s sufficient evidence to substantiate that individual’s guilt but they defer a finding of guilt; defer simply means they put off. Although there is no finding of guilt with this offense, if they violate the rules of supervision, then the State could file a motion to adjudicate guilt; that’s to find guilt.

Deferred adjudication is a wonderful program if you successfully complete it, and then here is the ability to get a non-disclosure associated with the drug related case down the road. The timeframes are different for misdemeanor and for felony but it would allow somebody to get a meaningful job if the only thing hampering them is the drug related case.

The better of the two options is the pretrial intervention, but generally there are fees and things associated with that, such as counseling. When you get in that program, they want that program to be successful so that you’re successful. Getting access to those programs is limited to somebody having their first brush with the law.

There are a number of Other Issues Involved In Drug Cases. To Defend a Drug Charge, 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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