Does anyone know the basic rules and regulation of felony probation in the state Texas?

Question

One of my collegues son's was busted and charged for possesion of marijuana 4.o.z. - 5lbs. Its a state jail felony 180days- 2 yrs , i was wondering if he will actually have to do a little time or not seeing as it his first offence and the first time he ever got in trouble, if thats the case then it must be probation so i was just wondering if anyone had any idea what the rules and regulations of probation in the state of tx?

Answer 1

For the most part, the Texas Penal Code does not list any probation guidelines for marijuana possession. As you point out, if your colleague's son is convicted of a state jail felony in Texas, then he can receive no less than 180 days of confinement.

The terms of probation your colleague's son receives depends on many factors including, but not limited to, his crime, his criminal history, his attorney, his prosecutor, and his judge. Some courts do have their own self-imposed probation guidelines, but this is not universal. You will need to check with your court.

In short, the person who will be able to provide your colleague's son the best estimate is his attorney since he will have intimate details about the case and the court.

Answer 2

Depends. If he had that much weed, was he not charged with "possession with intent to distribute"? That generally carries a stiffer sentence than just "possession". Mandatory minimum sentencing guidelines may cause him to spend some time behind bars, first offense or not.