What is the Harris County District Attorney’s Office “First Chance” Marijuana Program? No doubt spurred by increasing state and national efforts toward legalization of marijuana, Harris County has implemented a policy of quasi-decriminalization of possession of small amounts of marijuana for first-time offenders. The program, termed “First Chance”, allows a person to avoid being charged…
As discussed in Part I of this post, the felony controlled substance pretrial intervention program was introduced in 2016 to provide certain offenders charged with personal use amounts of felony controlled substances who meet certain criteria the opportunity to avoid a criminal record. What are the Requirements for the Felony Controlled Substance Pretrial Intervention Program?…
The Harris County District Attorney’s Office has recently implemented new programs designed to help first time drug offenders avoid criminal records. The two pretrial Diversion / pretrial Intervention programs are available to those charged with possessing small amounts of felony controlled substances (cocaine, amphetamines, etc.) and those charged with possessing personal use amounts of marijuana…
This is part II of a IV-part series discussing various aspects of the United States Sentencing Guidelines. (How Are Federal Sentencing Guidelines Calculated)? (Continued) Adjustments Once the offense level is determined based upon the offense conduct, “adjustments” may be applied pursuant to Chapter 3 of the Sentencing Guidelines. These adjustments have to do with circumstances…
This is part I of a IV-part series discussing various aspects of the United States Sentencing Guidelines. What are the Sentencing Guidelines? The United States Sentencing Guidelines (“Guidelines”) are a series of rules promulgated by the U.S. Sentencing Commission. At their core, they are a method of assigning points to offenses and to a defendant’s…
Individuals charged with federal crimes are entitled to a hearing to determine whether they will be detained or afforded bail while awaiting trial in a federal criminal case. The four possibilities with respect to release for those charged with federal crimes are that the person is: 1. released on personal recognizance or upon execution of…
Deferred adjudication is a form of community supervision (like probation) that a judge may impose after a plea of guilty or no contest. A person who is placed on deferred adjudication is generally subject to terms and conditions including monthly reporting to a probation officer, random drug testing, and community service. Terms of deferred adjudication…