Poss cs pg3 first time offense punishment Would it be jail time or probation

The offense for possession of a controlled substance in penalty group 3 less than 28 grams (which two xanex pills should be under this amount) is a Class A misdemeanor. The maximum punishment for this would be up to one year in jail and up to a $4,000 fine. I can make no guarantees (and no defense attorney can) as to what kind of deal a prosecutor would be willing to make, and many times it is dependent upon the circumstances surrounding the arrest and previous criminal history; however, in many instances for a first time offender, you can negotiate a plea for deferred adjudication for a specified amount of time (meaning probation for anywhere from 6-12 months) that would include regular urinalysis, a fine, community service hours, and drug awareness classes. Provided you fulfill all of your obligations while on deferred adjudication, then you will not see any actual jail time. Again, much of this depends upon the prosecutor. Be sure to find a competent defense attorney to represent you.

As a first time offender you may be eligible for pretrial diversion or deferred adjudication. You should start counseling immediately. A good lawyer is essential.

The above attorneys are correct, that as a first time offender you should be eligible to get on a deferred probation hopefully. If not a straight probation should be possible BUT you'll end up with a conviction. And you need to be careful because I was in Smith County County Court at Law this am adn the judges are very strict. Hire an attorney- if you're in Tyler I can recommend a couple of attorneys for you to talk to- but do it as soon as you can. Good luck