Internet Searches: February 2008

Some queries, as usual, highlight good questions. Some I just find amusing. Here goes my summary of the best searches that brought up Austin Criminal Defense Lawyer this month.

Probation Fees Travis County Tx

It’s $62 per month to be on probation in Travis County, and, I think, pretty much everywhere in the state. Hyper technically, it’s $60 per month, and then they add a $2 transaction fee every time you pay. So I suppose if you paid it all up front at your first visit, you could save (Number of months on probation – 1) * $2. This does not include fines and court costs.

What is better, probation or prison?

Which is better: misdemeanor probation or county jail, especially a short or backtime sentence… depending on the context, that’s certainly a reasonable question. Prison sentences, however, are going to be 2 years at a minimum – ignoring State Jail Felonies, which are still 6 months day for day no parole, at a minimum. Most of the defendants I’ve ever met don’t ask me this one.

How much marijuana in Texas is considered dealing?

This really deserves its own post sometime, but, if you are talking about State not Federal charges, then the statutory answer is: there is no such thing as possession “with intent to deliver” marijuana in Texas. Or, more precisely, there’s no enhancement for “intent to deliver” as there is with cocaine, heroin, and pretty much every other drug or controlled substance penalized in the Texas Health and Safety Code.

One quick caveat: a prosecutor, judge or jury may treat a case differently, at least in terms of trying to go for a higher punishment than if there were not ‘evidence of dealing’. But the actual range of punishment including the maximum can not be increased.

Effectiveness War On Drugs

Easiest one of the month. And the answer is… zero. Unless by ‘effectiveness’ you meant ‘lining the pockets of the private prison industry’.

Lawyers who smoke medical marijuana

Well, if you’re a lawyer, then you know it’s still illegal under federal law, even if you live in a state with medical marijuana exceptions (i.e., somewhere besides Texas). So you probably won’t be advertising this fact on the internet.

Texas MIP self defense

I’ve tried to construct some sort of hypothetical where you could reasonably ask for a self defense instruction in a Minor in Possession case, but I can’t seem to do it. Anyone else want to take a stab at it? (He was coming at me with a knife, so I picked up the nearby beer can and chucked it at him. Best I can think of.)

Oddest Search of the Month: speech for student take the drugs and other vice in pup

OK. That one really has me stumped.

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Sarah Musselman - March 17, 2010 4:47 PM

I just read your answer to someone's question about getting expunged after having deferred adjudication from a public intoxication arrest. I was arrested for public intoxication this past January in San Marcos. I got an attorney and he went to the pretrial to meet with the prosecutor today. My attorney told me that the prosecutor offered me 6 months deferred adjudication or we take it to trial. He also told me that with deferred adjudication I won't be able to get it expunged. I am considering going to trial because I don't want this to show up on a background check. I am a teacher, and I am required to get a F.A.S.T fingerprint background check every year. So, can I get it expunged or disclosed after I've completed the deferred adjudication?

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