Montgomery County Criminal Defense Attorney - Being Arrested for PCS CS PG2 >= 1G < 4G
Montgomery County Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law
PCS CS PG2 >= 1G < 4G means Possession of a Controlled Substance Penalty Group 2 and of a weight between 1 and 4 grams. This weight value is punishable as a third degree felony in Texas and Montgomery County, Texas especially continues to prosecute these cases. A third degree felony is punishable by 2-10 years in prison and up to a $10,000 fine or up to 10 years of probation.
When you get arrested for this offense you are taken to the Montgomery County Jail in central Conroe located at 1 Criminal Justice Drive Conroe, Texas 77301. Once at the jail you will be taken in and dressed out for booking and processing. During the booking process, the individual's personal information, such as their name, date of birth, and address, will be recorded, and they will be searched for weapons or contraband. The individual will also be photographed and fingerprinted.
Once the booking process is complete, the individual will be assigned a bail amount, which is the amount of money that must be paid in order for the individual to be released from jail before their trial. In some cases, the individual may be eligible for release on personal recognizance, which means they can be released without paying bail as long as they agree to appear in court on the designated date.
If the individual is able to pay the bail amount or is eligible for release on personal recognizance, they will be released from jail. However, if they are unable to pay the bail amount, they will remain in jail until their trial.
It is important to note that if an individual is arrested and charged with a crime, they have the right to an attorney. If they cannot afford an attorney, one will be appointed to them by the court.
The most likely substance to be arrested for under penalty group 2 is tetrahydrocannabinol or THC the active ingredient in marijuana. If you have a vape pen with a THC cartridge then you have an increased likelihood of being arrested for the 1-4 gram penalty group range because of the way that vape cartridges are weighed.
In recent years the average age of arrest for this crime has plummeted with many arrests being of high school students between 17-19 years old. 17 years old is considered being an adult in Texas and Montgomery County will prosecute cases as a felony offense in the district courts of Montgomery County, Texas even if the age of the defendant is 17 or 18.
Some of the factors that a prosecutor will consider in determining what plea bargain to offer is the age of the defendant, any prior juvenile or other arrests, contributions to the community or community service performed and other factors. Having an experienced defense attorney that is board certified in criminal law and understands the concerns of a Montgomery County District Attorney Prosecutor can be the difference in your case.
Call us now for a free consultation. 936-596-0407
BORING LEGAL DISCLAIMER
For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.
For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.
For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.