- Brian Foley
The Woodlands Texas, Criminal Defense Attorney - Possession of a Controlled Substance PG 2
Have you been caught in The Woodlands, Conroe, or anywhere in Montgomery County, Texas with a vape pen containing THC? If so, you are likely to be charged with PCS CS PG2 >= 1G < 4G, a third-degree felony offense in the State of Texas.
What should you do if your son or daughter was arrested at school for a THC Vape pen? Well if they are over 17 years old then they will be charged as an adult and taken to the jail. In this blog post, we will walk you through the process that follows after being arrested for this offense. If they are under 17 then they will enter the juvenile justice system. Either way calling an attorney is a smart first move.
After being arrested, you will be taken to the Montgomery County Jail located at 1 Criminal Justice Drive, Conroe Texas 77301. The booking process can take anywhere from 24-48 hours, during which you will be fingerprinted, changed into a jail jumpsuit, take a mugshot, and answer basic booking questions about your identification, age, name, date of birth, address, and so forth.
Once the booking process is complete, you will have to wait for the next probable cause court, which occurs every day at around 9:00 a.m. in Montgomery County. This is an Article 15.17 hearing, and it's the first time you will be asked if you plan on retaining an attorney or if you want one appointed to you. The judge will read you your rights again and ask you questions about your ability to pay bond and if you have any ties to Montgomery County that would make it more likely for you to appear in court if released on bond. The judge will then set a bond amount that is sometimes lower than what the District Attorney has already set. If you have been arrested for PCS CS PG2 >= 1G < 4G, the judge will read you bond conditions, which require you to report to a probation officer during the pendency of the criminal case.
Following bond conditions normally consists of reporting once a month to probation, not violating any other law or being arrested for a new offense, and drug testing. The drug testing is once a month and at random. However, the method used to determine if you have to test or not requires you to call a phone number every day and see if it's your turn to be randomly drug tested. This process of requiring a phone call from the "client" every day is meant to be a constant reminder to avoid drug use during the bond period.
Bond conditions only end when the case ends through a dismissal, plea bargain, or trial. If you have been arrested for PCS CS PG2 >= 1G < 4G in Montgomery County, it's important to call a board-certified criminal defense attorney familiar with the process in this area as soon as possible.
The goal for anyone without a criminal record who is charged with this type of felony is resolving the case in a way that can lead to an expunction of your criminal record. When people ask me, "How do you get a THC case taken off your record?" The answer is to find a way to get the case dismissed or win at trial so that you can get an expunction.
BORING LEGAL DISCLAIMER
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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.