this is in texas,and hes already been in jail for 8 months,waiting to go to court.
2007-01-24 05:22:05 · 9 answers · asked by gsparks61 1 in Politics & Government ➔ Law Enforcement & Police
8 months on a Misdemeanor is a very long time. There has to be more to the story than that. Is it possible that your friend was on probation at the time the new offense was committed? That might explain the long stay at the jail instead of a conviction on a Misdemeanor drug charge. As stated in earlier posts, Misdemeanors are punishable with up to one year in jail so prison time is not an option at this point. Sending someone with a Misdemeanor conviction to a State prison would be a chargeback offense which penalizes the county financially for sending a misdemeanant to prison.
2007-01-24 06:37:21 · answer #1 · answered by siamsa_siamsa 5 · 0⤊ 0⤋
I work in law enforcement in Texas. If he is charged with a misdemeanor, he will not go to prison. Felonies are the ones that actually go to what is called prison.
Beings that he has been in there for 8 months, he could be in there on a Class A misdemeanor. The maximum jail time on that is going to be up to one year. More than likely, if he is in jail even on a Class A misdemeanor, he would have already had court. Misdemeanor courts usually come and go fairly quickly.
Now felonies on the other hand are different. There are four different levels of felonies. State Jail Felony, 3rd degree felony, 2nd degree felony, and 1st degree felony. There are drug charges that fall into all of those categories.
A lot of the drug charges that are felonies but not manufacturing/delivery, are State Jail Felonies, which carries a maximum of two years state jail time. Which state jail is pretty much another name for a prison, they just aren't housed in the same kinds of facilities as the other guys with bigger charges because they are getting released quicker.
Good luck with all that.
2007-01-24 09:37:38 · answer #2 · answered by deftonehead778 4 · 0⤊ 0⤋
I would bet that his charge is a felony offense rather than a misdemeanor. Misdemeanors normally do not result in prison time. In fact, a misdemeanor usually doesn't leave you in jail for 8 months either. A felony conviction can mean prison time, especially if the person has prior convictions.
2007-01-24 05:51:19 · answer #3 · answered by skh1972 3 · 0⤊ 0⤋
prison and jail are not the same. Prison is usually state run. Penitentiaries are Federal and Jails are city/county. Your friend, if convicted of a misdeamor, might serve time in jail. But he will not go to Prison. Prison is for Felons
2007-01-24 06:07:54 · answer #4 · answered by Lesleann 6 · 0⤊ 0⤋
It all depends on how much(weight wise) he had on him, what the drug was and did he have "intent" to sell. That will be left up to the courts to decide as to wether it is a misdemeanor or a felony and how much time he will get.
2007-01-24 12:31:38 · answer #5 · answered by nickle 5 · 0⤊ 0⤋
A misdemeanor is punishable up to One year in Jail
A Felony is punishable from One year or more in Prison
However, this is from Michigan, it could differ between states. Your best bet is to ask a Law official from Texas.
2007-01-24 05:56:51 · answer #6 · answered by bAsic LiFE 3 · 1⤊ 0⤋
I accept as true with you. they ought to outline more suitable what someone is charged with. I stay in NC and they ought to tell if any sex criminal is on your community and they even grant you with there manage, call and image on line. i do no longer want to evaluate human beings and they ought to inform more suitable what there crime become instead of each body assuming they raped or molested a baby. they want to regulate the regulation. a baby molester must be for them pervert that mess with children and under no circumstances purely the random man or woman that tousled doing something, that they want to call a sex criminal. each body is such in a up roar to ascertain those human beings stay round them and some at the prompt are not what they look. yet human beings have a tendency to assume the more severe and prefer I reported they ought to outline it more suitable or replace the regulation. The person-friendly element is i do no longer see to lots of them up there that are charged with actually rape, maximum are those that made dumb judgements and were given stuck, maximum of them were probley lower than the impact of alcohol on the time in any case.
2016-10-16 01:19:11 · answer #7 · answered by basinger 4 · 0⤊ 0⤋
That depends totally on how much drugs were involved, any other factors, etc. Not enough information to determine. But I hope he does! Down with drugs!!
2007-01-24 05:26:59 · answer #8 · answered by ? 3 · 0⤊ 0⤋
he can, depending on how much he had, his actions in court, the judge...etc. check www.Norml.org for marijuana laws in texas and see the highest sentence he can have... not sure if it is pot or not but probably is.
2007-01-24 05:27:43 · answer #9 · answered by amorudence 3 · 0⤊ 0⤋