My cousin has ran into trouble while away to college in Texas...He's from MI. Please help me understand what his charges mean.

Criminal Defense 3 views 3 answers
Warrantless/On-View POSS/DEL DRUG PARAPHERNALIA 350.00 Surety Misdemeanor Bond Warrantless/On-View POSS/DEL DRUG PARAPHERNALIA 350.00 Surety Misdemeanor Bond MAN DEL CS PG 3/4 >=200G Surety Felony Bond POSS MARIJ < 2OZ JP#5 TRAVIS CO 3,000.00 Surety Misdemeanor Bond Warrantless/On-View RECKLESS DRIVING 01/30/2012 1,500.00 Surety Misdemeanor Bond What will jail time look like? He's a 22 year old 4.0 student with no previous run-ins with the law. He's in his last year. All of this mess seemed to happen all at once. I'm Nervous. Please help.

Attorney Answers

3
Edward Sternisha ·
This means your cousin was doing and dealing drugs while in Texas and driving badly. It also means he needs a good criminal defense lawyer in Texas. If he ignores this, it will not go away, the States do talk to each other. This will always hang over his head until it is cleared up. Also, it appears he may be out on a surety bond. If so, the bounty hunters WILL be looking for him everyday - even here in Michigan. If he lives with you - they may kick your door in during the middle of the night and get him. It really does happens. Good Luck!
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David Smith ·
"Warrantless" means that rather than making a sworn statement of "Probable Cause" to believe that your cousin committed an offense(s) and getting a warrant to go arrest him, the cop wrote his sworn statement after arresting him. In that case the sworn statement ("affidavit") probably says that he observed the offense, which could mean that he was stopped for reckless driving and the drugs and paraphernalia were allegedly found during that traffic stop. He is charged with two different offenses consitituting "Possession or Delivery" of drug paraphernalia (bong, crack pipe, etc.). The bond in each of those cases is set at $350. The "Surety" entry means either that he has been released on a surety bond (where someone besides him has guaranteed payment in the event of a bond forfeiture for missing a court date), or that the only type of bond the judge will accept is a surety bond (.ie., not a personal bond or personal recognizance bond, meaning a promise by your cousin to return to court or else forfeit his bond, meaning he would have to pay the bond amount). The paraphernalia charges are both misdemeanors, as are the Possession of Marijuana in an amount less than 2 ounces. The marijuana charge is set in Justice of the Peace Court Number 5, whereas the other misdemeanors will be set in a County Court, and the Felony "Manufacture or Delivery of a Controlled Substance from Penalty Group 3 OR 4 in an amount less than 200 grams" will be set in a District Court. The "Surety" entry in those other three cases means the same as stated above, but the bond amounts are different -- $3,000 in one case and $1,500 in another, and the third bond amount is not stated. The "o1/30/2012" entry is presumably the date of the alleged offenses. A person with the history that you describe your cousin as having would be an excellent candidate for probation.
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William David UmanskyCriminal Defense AttorneyOrlando, FL ·
i would contact the austin lawyer on this list as he can address what more issues can up. Your cousin should contact this lawyer or another criminal lawyer in Texas asap.
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