In Texas, the timeline of a drug-related case depends on the circumstances of the case itself. There are typically two ways that these cases can play out, and you need to be aware of both. If you are found with a small quantity of drugs and the officer asks you to supply additional information on the drug family in exchange for charging you, then you could be waiting for a very significant amount of time. This is because the detective could make that proposal and then fail to do anything with your case for years. Alternatively, you could find out years later that the case had been filed and that there had been a warrant out for your arrest all along.
If you are found with drugs and are taken to jail, you will be bonded out and given what’s called a night mag case number, which is really just a placeholder. Once you are given a court date on which to appear, you should hire a lawyer. In fact, if you are facing any type of criminal charge, you need to hire or talk to a lawyer. The contraband that was found will be sent to the lab for analysis. Then you will be indicted and given a trial setting. It takes between six and nine months from the date of your arrest to the date that your case is resolved. If it goes to a full-blown jury trial, then it will probably take 12 to 18 months.
The timeline is a little bit different in federal court. In federal court, you get arrested and taken to a federal detention center. You will see a judge almost immediately and will be told your charges. Then there will be a preliminary and a detention hearing. The preliminary hearing is to determine whether or not the United States government has sufficient evidence and probable cause to show that a drug crime occurred and that you were the one who committed that crime. The second hearing is a detention hearing, which is typically held three days after an arrest. The detention hearing is your opportunity to explain why you should get a bond.
These two hearings are very important. It’s important that you hire a lawyer right away, because the preliminary hearing is the first chance to take a look at the government’s case. They will usually put on a case agent, and even if the proof is very low, it’s not likely that you’ll win your preliminary hearing. However, having that hearing will give you information about the case against you. The detention hearing is also important, because many people are held without bond in federal court. In the state court, the default is that you get a bond. You need to be very aware and very conscious of the fact that you need someone in your corner arguing for the United States court system to give you a bond.
If you were found with a large quantity of drugs, then there may be a presumption of dangerousness. This means that if the government does nothing, then you will be held. In these cases, we immediately begin looking at everything that we can in order to show that you are not a danger to the community. We have to consider whether or not you own property or are capable of having someone co-sign for a bond. We bring in your family, your contacts from the community, and letters from your employer (or the employer, if they are willing to speak with us). This is one of the things that an attorney can help you with. Once the judge makes a decision, it’s very hard to get that decision undone. Because of this, it is very important to be aggressive with the first two hearings in the federal system.
Additional Information On Drug Charges In Texas
When we have a client who has been accused of a federal drug crime, we work very hard to determine whether or not we can get the case dismissed or brought before a jury and won. After we pass that analysis, we begin looking at minimizing the consequences to our client. The client may be eligible for participation in a drug treatment program, which would cut off time from the sentence. If a client pleads guilty and debriefs with federal agents, then they are entitled to what’s called a safety valve. A safety valve will take time off of a sentence.
Most people don’t know that the United States criminal justice system is guided by the sentencing guidelines. The sentencing guidelines put forth all of the potential sentences for all of the drug crimes in the United States. We try to get people’s levels as low as possible and their criminal history as small as possible and then go from there. We do that by getting the safety valve, which will remove a client from the mandatory minimum sentence. The Western District of Texas is comprised of Del Rio, San Antonio and Austin. We are also licensed in the Southern District of Texas, where we practice in Laredo and Corpus Christi. We try to establish the safety valve in all of these places.
For more information on Timeline Of Drug Related Case In Texas, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (210) 229-8300 today.
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