+ Reply to Thread
Results 1 to 11 of 11
  1. #1
    drmiller is offline Junior Member
    Join Date
    Feb 2006
    Location
    Texas
    Posts
    8

    Change of Charges

    What is the name of your state? Texas

    I was charged with a misdemeanor drug possession charge, arrested, and bonded on a misdemeanor charge. Now I am told that it is a state felony charge. Is this possible? Can they just change my charge from misdemeanor to felony like that? Please advise.What is the name of your state?
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Quote Originally Posted by drmiller
    What is the name of your state? Texas

    I was charged with a misdemeanor drug possession charge, arrested, and bonded on a misdemeanor charge. Now I am told that it is a state felony charge. Is this possible? Can they just change my charge from misdemeanor to felony like that? Please advise.What is the name of your state?
    Q: Is this possible? Can they just change my charge from misdemeanor to felony like that?

    A: Yes and yes if they have the evidence (which you didn't want to tell us about).
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    drmiller is offline Junior Member
    Join Date
    Feb 2006
    Location
    Texas
    Posts
    8

    ???

    I know of no other evidence.
  4. #4
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,533
    Quote Originally Posted by drmiller
    I know of no other evidence.
    You gave us NO evidence, i.e., facts, details, what really happened, stuff like that.
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    drmiller is offline Junior Member
    Join Date
    Feb 2006
    Location
    Texas
    Posts
    8

    Evidence

    I was driving Christmas Eve to my family's home. I had my cruise control set to the speed limit and had been driving for 3 hours when I saw flashing lights behind me about half a mile. I thought..."couldn't be me...I am doing nothing wrong." Well, it was me. I pulled over and provided my license/insurance, etc. The officer asked me to step out of the car. I have severe bouts of arthritis in both of my feet, ankles, and right knee. After sitting for 3 hours I was stiff and sore. I told him I was having difficulty, but explained to him why. Also, told him I had medication for it if he needed to see it. He told me he pulled me over for because he saw me swerve. There was a pothole in the road. I complied with his requests of 4 field tests and passed each with pain. It was cold outside and didn't have my jacket on, so my arthritis was getting worse. Then he asked me if he could search the car. I asked him, "Why?" He wanted to know why I would say no if I had nothing to hide. I told him, it was cold and I was late arriving at my family's for Christmas Eve. He then said, "If I refused he would call in the drug dogs and search and it would take longer." I then consented knowing that nothing was in the car. I thought this was true. He did find methamphedimine and an ecstacy tablet under the seat of the car. After being arrested and allowed to sit in the cruiser because it was cold...and after the search...he told me that he was not going to charge me for intoxication because he believed that I was not intoxicated. (I wasn't.) That is what happened....and now I have a misdemeanor changed to a state felony plus another state felony charge. The drugs were not mine...I cannot prove that. The car is not registered to me and is not my car. I was not the only one that had driven the car recently.
    Last edited by drmiller; 02-24-2006 at 03:47 PM.
  6. #6
    outonbail is offline Senior Member
    Join Date
    Aug 2004
    Location
    Southern California
    Posts
    2,515
    The drugs were not mine...I cannot prove that. The car is not registered to me and is not my car. I was not the only one that had driven the car recently.
    Well, there were drugs on scene and the only two people you mention being there were you and the officer. The officer was probably sure the drugs weren't his, so that only leaves one person,,,,, YOU!

    Or to put it another way,

    I assume you were in possession of the car, which also places you in possession of the drugs.

    Read what you posted, "The drugs were not mine". Hey, we all believe you, maybe even the cop believed you. However, that isn't the issue, the issue is whether you had possession of them or not. To answer that question, see above^
  7. #7
    Happy Trails is offline Senior Member
    Join Date
    Jul 2004
    Posts
    4,432
    Quote Originally Posted by drmiller
    I was driving Christmas Eve to my family's home. I had my cruise control set to the speed limit and had been driving for 3 hours when I saw flashing lights behind me about half a mile. I thought..."couldn't be me...I am doing nothing wrong." Well, it was me. I pulled over and provided my license/insurance, etc. The officer asked me to step out of the car. I have severe bouts of arthritis in both of my feet, ankles, and right knee. After sitting for 3 hours I was stiff and sore. I told him I was having difficulty, but explained to him why. Also, told him I had medication for it if he needed to see it. He told me he pulled me over for because he saw me swerve. There was a pothole in the road. I complied with his requests of 4 field tests and passed each with pain. It was cold outside and didn't have my jacket on, so my arthritis was getting worse. Then he asked me if he could search the car. I asked him, "Why?" He wanted to know why I would say no if I had nothing to hide. I told him, it was cold and I was late arriving at my family's for Christmas Eve. He then said, "If I refused he would call in the drug dogs and search and it would take longer." I then consented knowing that nothing was in the car. I thought this was true. He did find methamphedimine and an ecstacy tablet under the seat of the car. After being arrested and allowed to sit in the cruiser because it was cold...and after the search...he told me that he was not going to charge me for intoxication because he believed that I was not intoxicated. (I wasn't.) That is what happened....and now I have a misdemeanor changed to a state felony plus another state felony charge. The drugs were not mine...I cannot prove that. The car is not registered to me and is not my car. I was not the only one that had driven the car recently.
    Is this the code you are being charged with?

    From Texas statutes:

    481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
    GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
    (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.
    (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
    (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
    (e) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
  8. #8
    drmiller is offline Junior Member
    Join Date
    Feb 2006
    Location
    Texas
    Posts
    8
    I am not sure. I think that is probably it.
  9. #9
    ceara19 is offline Senior Member
    Join Date
    May 2005
    Posts
    7,059
    You were ARRESTED for misdemeanor possession. That was a decision made by the arresting officer. It was amended to a FELONY after the DA reviewed the evidence and decided they had enough for a felony conviction.
  10. #10
    cjbrown929 is offline Member
    Join Date
    Sep 2005
    Posts
    486
    Quote Originally Posted by ceara19
    You were ARRESTED for misdemeanor possession. That was a decision made by the arresting officer. It was amended to a FELONY after the DA reviewed the evidence and decided they had enough for a felony conviction.
    In my county (Riverside CA), the court records will show 1) arrest charges 2) FILED charges and 3) certified charges. The certified charges won't be known until the case is decided ny plea etc.
  11. #11
    ceara19 is offline Senior Member
    Join Date
    May 2005
    Posts
    7,059
    Quote Originally Posted by cjbrown929
    In my county (Riverside CA), the court records will show 1) arrest charges 2) FILED charges and 3) certified charges. The certified charges won't be known until the case is decided ny plea etc.
    It's similar in Texas. It's the arrest charges, filed charges and conviction charges here.

Similar Threads

  1. Can DA change charges AFTER an appearance in court?
    By helpafriend8 in forum Drunk Driving / DUI / DWI
    Replies: 1
    Last Post: 01-03-2010, 05:21 PM
  2. Change charges from a felony to a misdermear
    By pcannon15 in forum Other Crimes Federal and State
    Replies: 1
    Last Post: 06-11-2007, 01:28 PM
  3. Trustee charges for change from CH7 to 13
    By cityguy468 in forum Consumer Bankruptcy
    Replies: 0
    Last Post: 04-23-2007, 10:39 AM
  4. after your charged can they change the cHARGES
    By tsshaffer in forum Drug Charges
    Replies: 1
    Last Post: 01-10-2003, 12:30 AM
  5. can they change charges?
    By miss t in forum Arrests, Searches, Warrants & Procedure
    Replies: 0
    Last Post: 12-11-2001, 09:09 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.