The war on drugs can be a downer.  In Texas, if the police catch you with drugs, you will be charged with possession of controlled substances.  All possession of controlled substances charges are felonies in Texas.  The severity of the charge (how much state jail or prison time you are facing) depends on the type of controlled substance and the amount or weight.  If I have one word of advice in a possession of controlled substance case, or any drug case, it is TO BE PATIENT!

In Harris County, the persecutors used to do this truly horrible thing when someone was charged with possession of controlled substances.  They would offer criminal defendants ‘sweetheart deals’ for today only! Like used car salesmen.  They would basically let a defendant plea in a trace case (less than a gram) to a felony under 12.44(a) so that they might get out in the next few days.  Sounds great, right? Wrong!  Why?  Because far too often, the alleged controlled substance was not a drug!  How would you feel having a criminal record, or worse criminal record, and living in the Harris County Hilton on the Bayou when you didn’t even have drugs?!

Well, the good criminal defense lawyers of Houston, the media, and other parties caused the Harris County DA to change her policy.  Now, the prosecutors can’t make offers until the lab results return.  This is great for defendants who are on bond. It really sucks for defendants who are not on bond.

One of the first things I did (pro bono) as a lawyer was (attempt to) do an expunction for a young man who pled guilty to possession of controlled substances.  After he got out of jail he learned that the drugs were Advil — not a controlled substance.  If only that young man would have met me.  I waited in that cold, stinky McDonalds with kids running and screaming, on that cold November day for far too long to be stood up.

Next, I had a buddy who chose to go with a ‘big time’ lawyer.  As he sat in jail no-bonded, the lab was testing his cocaine.  His cocaine was dirt.

Finally, today, my client was charged with possession of cocaine.  I guess his dope went to the front of the line, which is great.  Because it felt great to see his sigh of relief after I told him that his case was dismissed because the lab results said that there was no controlled substance.  In other words, the cocaine was not cocaine.  What was it?  I don’t know.  Yeah, I have a little itch.  I kind of wish I had read the lab report a little closer to see if they said what it was, but I don’t ask questions when a case is dismissed, especially a felony.

Friends, if you or a loved one are ever waiting for results on a drug lab… just wait.  Find a lawyer who will fight hard to get bail set.  Give me a call.  I offer financing and payment plans.

Not that I do drugs, but if my drug dealer sold me fake cocaine, and I got busted, I don’t know whether I would would write him and angry letter (or tweet) or a thank you card (or tweet).

And the real question… was it dirt, sugar, flour, or my bet, Bisquick?

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