02-19-2005, 12:39 PM
I was just wondering what kind of punishment that a Felony charge of engaging in organized criminal activity might bring in Texas? This person is/was part of a large drug ring and is currently being held on a $200,000 bond. He did hire a private attorney and I was wondering what the chances are of him walking away from anything? Any ideas? [COLOR=Purple] Knowing my luck, he'll end up with probation and visitation rights to our son. :rolleyes:
04-07-2005, 01:48 AM
$200, 000.00 bond is a pretty big amount of money. Good luck with the case. I don't think the judge is messing around.
In Texas, organized crime is a serious activity and offense that is not treated lightly. Punishments differ depending on the activity. Activities range from conspiracy to murder, steal, kidnap, etc., gambling, prostitution, and in your case, drugs.
By being a member of a drug ring, it is suspected that he participated in the "unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or a dangerous drug through forgery, fraud, misrepresentation, or deception."
Punishment under this section depends on the violation. An offense under this section is one category higher than the most serious offense.
Example 1: Manufacture of a Dangerous Drug - The penalty for this offense is a state jail felony, the lowest category of felonies. Therefore, it would be a felony of the third degree, punishable by two - 10 years imprisonment and a fine not to exceed $10, 000.00
Example 2: Possession of Marihuana (two ounces or less) - The penalty for this offense is a Class B Misdemeanor. Therefore, it would be a Class A Misdemeanor, punishable by up to 1 year imprisonment and a fine not to exceed $4, 000.00.
Example 3: Manufacture, Delivery, or Possession of Miscellaneous Substance; Transfer of Precursor Substance for Unlawful Manufacture - If he is being prosecuted for breaking these two laws, then the punishment will be addressed to the most serious offense of the two. Manufacture, Delivery, or Possession of a Miscellaneous Substance is a Class A Misdemeanor. Transfer of Precursor Substance for Unlawful Manufacture is a State Jail Felonly. This law is the higher of the two. Therefore, the punishment would be a Felony of the Third Degree. Ref. Example 1 for punishment.
To research these statutes yourself, reference Chapter 71 of the Penal Code and Chapters 481 - 483 of the Health and Safety Code.
04-29-2005, 10:31 PM
Let me put it this way, if he has a really good attorney and he was a higher up with knowledge of the organization and bigger fish, a deal may be attainable where he gets minimal time or a plea to a minor charge in exchange for testimony. It is a rush to the courthouse as to who can get the good deals for turning state's evidence. If this is a lower level person with no special or specific knowledge, probably looking at at least 5-10 years, maybe more depending on the charges.