it was less than a half of a gram of cocaine which i believe is a class a misdemeanor.
2006-09-19 16:42:35 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Nope, that's still a felony because it's a class IIA drug. However, the statute of limitations DOES exist. It is different in various states though. So, really it depends on what state you are in. However, it IS a felony.
2006-09-19 16:51:31 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
Bitchygirl22 is wrong on Texas law. As you can see from the link below, possession of cocaine is a felony in any amount.
Cocaine is in penalty group one (first link), and under one gram is a state jail felony (link 2).
Both excerpts are from the Texas Controlled Substances Act (link 3).
The penalties for a state jail felony are defined in the Texas Penal Code Chapter 12 (link 4).
The Statute of Limitations does apply for the possession charge itself (three years), but there is no statute of limitations for probation revocation (link 5). The statute of limitations is defined as the time between the offense occurring (possession) and the charge being filed with the court (indictment for a felony). A revocation of probation is not a new charge, but a motion in court on a conviction already decided. It is legally possible for a person to think he was off probation for several years and still get arrested on an old warrant with a motion for revocation.
2006-09-19 17:17:11 · answer #2 · answered by Steve R 3 · 0⤊ 0⤋
its not a felony in texasonly if u have mor ethan a gram is it a felony
2006-09-19 16:53:23 · answer #3 · answered by bltchygirl22 1 · 0⤊ 0⤋