jail time for possession of a controled substance in tx

[shelleyils]

What is the name of your state (only U.S. law)? TX
I'm new here and just have a few ?s. I'll try and make it as brief as possible. I have a twin sister who got caught back in 2010 with a loratab pill and they charged her with possession of a controlled substance weighing less than 1 gram. That was not the only thing she got aressted for. In 2007 or 2008(I can't remember) she was a hard core addict. She went to a hospital in her town and told them she was me and gave them my ss# to seek treatment. She told them she had a toothache in order to get a prescription for pain meds. I found this out because her roommate called and told me. I called the police and made a report. I never heard back from them. I was not aware the case would go to the DA. The only thing I wanted was the bill to go under her name, not mine. So, when she got arrested, she had two felony charges and was put in jail. She was released after a week or so. Well she never showed up for her court date and got a few warrants. She got rearrested on apr. 10 and is still in jail. How much jail time is she looking at for each offense? I think she has a bond fortified(something like that). Her bond is set at 3000 for each. On the local jail roster, it has something that says AWTR by the bond amt. Does this mean awaiting trial? She is having a fit about me not called the DA and asking them to drop the fraud charge. I don't think that is possible from what I've read. Will she get a long jail sentence for each charge or just probation. I told her she should have showed up for her court date!

 

[Ohiogal]

What is the name of your state (only U.S. law)? TX
I'm new here and just have a few ?s. I'll try and make it as brief as possible. I have a twin sister who got caught back in 2010 with a loratab pill and they charged her with possession of a controlled substance weighing less than 1 gram. That was not the only thing she got aressted for. In 2007 or 2008(I can't remember) she was a hard core addict. She went to a hospital in her town and told them she was me and gave them my ss# to seek treatment. She told them she had a toothache in order to get a prescription for pain meds. I found this out because her roommate called and told me. I called the police and made a report. I never heard back from them. I was not aware the case would go to the DA. The only thing I wanted was the bill to go under her name, not mine. So, when she got arrested, she had two felony charges and was put in jail. She was released after a week or so. Well she never showed up for her court date and got a few warrants. She got rearrested on apr. 10 and is still in jail. How much jail time is she looking at for each offense? I think she has a bond fortified(something like that). Her bond is set at 3000 for each. On the local jail roster, it has something that says AWTR by the bond amt. Does this mean awaiting trial? She is having a fit about me not called the DA and asking them to drop the fraud charge. I don't think that is possible from what I've read. Will she get a long jail sentence for each charge or just probation. I told her she should have showed up for her court date!

It is possible she could spend time in jail. You can't have them drop the fraud charge. Why? Because you are not the one who pressed charges. The State did. They don't take lightly people using others' identities to obtain treatment, drugs or anything else.

 

[shelleyils]

It is possible she could spend time in jail. You can't have them drop the fraud charge. Why? Because you are not the one who pressed charges. The State did. They don't take lightly people using others' identities to obtain treatment, drugs or anything else.

I kind of figured the state is the one who pressed charges. Since she or any other family member cannot afford to hire her an attorney, she'll have to get a public defender. I did pull up my credit report after she did it to see if she used my ss # to obtain cc. How much jail time could she get?

 

[ERAUPIKE]

I kind of figured the state is the one who pressed charges. Since she or any other family member cannot afford to hire her an attorney, she'll have to get a public defender. I did pull up my credit report after she did it to see if she used my ss # to obtain cc. How much jail time could she get?

That depends on a number of factors we aren't privy to. She may be facing, just on the Fraud charges, no less than 180 days and no more than two years. There is also the issue of her other charges. If you posted the statutes she is charged with, we could have a better picture of what is going on with her. She will see the inside of a jail cell, the question is just for how long.

 

[shelleyils]

That depends on a number of factors we aren't privy to. She may be facing, just on the Fraud charges, no less than 180 days and no more than two years. There is also the issue of her other charges. If you posted the statutes she is charged with, we could have a better picture of what is going on with her. She will see the inside of a jail cell, the question is just for how long.

not sure if this will help, but I copied and pasted her info from the jail roster. This is what it says:



CHARGES DEG/CLS WARRANT# INDICTMENT# COURT DISPOSITION
Warrant 1 FRAUD USE/POSS IDENT INFO
26040042 F S BNDF 8/3/2010 2007417931 D364 AWTR $3000 04/18/12
Warrant 2 PCS PG1 <1G
35990014 F S BNDF 8/3/2010 2010428017 D364 AWTR $3000 04/18/12
I have no clue to what the FS or the BNDF stands for. is the 3000 listed the amout of her bail? I thought that since she did not show up to court, she could not be bailed out until her court date.

 

[dave33]

What is the name of your state (only U.S. law)? TX
I'm new here and just have a few ?s. I'll try and make it as brief as possible. I have a twin sister who got caught back in 2010 with a loratab pill and they charged her with possession of a controlled substance weighing less than 1 gram. That was not the only thing she got aressted for. In 2007 or 2008(I can't remember) she was a hard core addict. She went to a hospital in her town and told them she was me and gave them my ss# to seek treatment. She told them she had a toothache in order to get a prescription for pain meds. I found this out because her roommate called and told me. I called the police and made a report. I never heard back from them. I was not aware the case would go to the DA. The only thing I wanted was the bill to go under her name, not mine. So, when she got arrested, she had two felony charges and was put in jail. She was released after a week or so. Well she never showed up for her court date and got a few warrants. She got rearrested on apr. 10 and is still in jail. How much jail time is she looking at for each offense? I think she has a bond fortified(something like that). Her bond is set at 3000 for each. On the local jail roster, it has something that says AWTR by the bond amt. Does this mean awaiting trial? She is having a fit about me not called the DA and asking them to drop the fraud charge. I don't think that is possible from what I've read. Will she get a long jail sentence for each charge or just probation. I told her she should have showed up for her court date!

Probation is highly likely. Also, since you are the victim you can make a request of no jail time. You can also make a victim impact statement before sentencing.goodluck.

 

[CavemanLawyer]

I have no clue to what the FS or the BNDF stands for. is the 3000 listed the amout of her bail? I thought that since she did not show up to court, she could not be bailed out until her court date.

Different courts are going to use different acronyms for different things. Based on the information above FS likely stands for a state jail felony. Both the possession charge and the fraudulent use of identification information charges are state jail felonies. BNDF stands for bond forfeiture and yes AWTR stands for waiting trial meaning simply that she is held in jail because she has not made bond... as opposed someone in jail serving out a sentence. Yes her bond on each charge appears to be $3000.

It is impossible to know what kind of jail time your sister could get other than to say she is facing a maximum of two years day for day on each charge but they would likely have to run concurrently... so the max possible is going to be two years.

You can also make a victim impact statement before sentencing.

No she cannot give a victim impact statement. She does not qualify as a "victim" under the crime victims' rights statute because she is not the victim of a violent offense.

 

[shelleyils]

I didn't think I could use the victim's impact thing. When she got arrested last time, she told me her lawyer told her I could call the DA in lubbock had have them drop the charge. I know this was just total bs! She's such a manipulator I never believe a word she says. She is on the biggest dose of methadone, so not sure how they will deal with it in jail. She swears up and down that she had a prescription for the loritab she got busted with.

 

[ERAUPIKE]

Probation is highly likely. Also, since you are the victim you can make a request of no jail time. You can also make a victim impact statement before sentencing.goodluck.

Not for a State Jail Felony, those carry a minimum sentence of 180 days in state jail and up to two years.

 

[shelleyils]

I was just reading about state jail felonies. 180 days was the min. up to 2 years. Not sure how much of the 180 days she will serve.

 

[ERAUPIKE]

I was just reading about state jail felonies. 180 days was the min. up to 2 years. Not sure how much of the 180 days she will serve.

All of them, the judge has no discretion.

 

[shelleyils]

I hope she gets a good public defender! I guess state jail is not like prison where you can get parole after a certain amount of time. If the judge gives her say 18 months, she'll have to serve the entire 18 months.

 

[ERAUPIKE]

I hope she gets a good public defender! I guess state jail is not like prison where you can get parole after a certain amount of time. If the judge gives her say 18 months, she'll have to serve the entire 18 months.

Not necessarily. The State Jail Felony charge means that she will serve no less than 180 days. The judge cannot reduce that term or give her any other punitive measure (i.e. house arrest, probation, etc) in lieu of confinement. The amount of time she serves after the minimum does not necessarily have to be up to the maximum two years.

 

[dave33]

I hope she gets a good public defender! I guess state jail is not like prison where you can get parole after a certain amount of time. If the judge gives her say 18 months, she'll have to serve the entire 18 months.

You are looking to far ahead. She has not been convicted yet. Charges are reduced for a plea agreement, sentences are suspended, about a hundred things can happen.

 

[dave33]

I didn't think I could use the victim's impact thing. When she got arrested last time, she told me her lawyer told her I could call the DA in lubbock had have them drop the charge. I know this was just total bs! She's such a manipulator I never believe a word she says. She is on the biggest dose of methadone, so not sure how they will deal with it in jail. She swears up and down that she had a prescription for the loritab she got busted with.

You can make any request you want. If you do not want her to go to jail than that is certainly within the prosecutors power. Adismissal may be unlikely but stranger things have happened.