Implications of felony drug charges extend beyond legal system

April 23, 2013

Implications of felony drug charges extend beyond legal system

Article provided by Law Office of Jeffrey R. Gilbert, P.C.
Visit us at http://www.jeffgilbertlaw.com

Texans know that the state is very strict when it comes to drugs. Texas has such a low tolerance for drug-related crime that if someone is convicted of a felony, he or she is banned from getting food stamps as well as other types of government assistance. Research has shown that the banning of these programs can lead a person to make negative lifestyle choices.

Marijuana possession as an example of Texas felony drug laws

There are many types of drugs that can lead to a drug charge, including marijuana. Marijuana possession can lead to different types of felony convictions.

Marijuana possession of between five and 50 pounds is considered a third-degree felony in Texas. The mandatory jail time for this conviction is no less than two years but no more than 10 years. The accompanied fine is not to exceed $10,000.

A second-degree felony in Texas is marijuana possession of between 50 and 2,000 pounds. The mandatory sentence for this type of conviction is no less than two years in prison with a maximum of 20 years' imprisonment. The fine is not to exceed $10,000.

Lastly, possession of more than 2,000 pounds of marijuana is a first-degree felony. This violation is punishable by a mandatory minimum jail sentence of five years and a maximum sentence of 99 years. The accompanying fine cannot be more than $50,000.

The implications of felony drug charges that go beyond jail and fines

The Connecticut Post reported on a study published in the journal AIDS Education and Prevention, which found that people with a felony conviction who have been banned from receiving food stamps and other public food assistance as a result are more likely to behave in ways that puts them at risk for HIV.

The study focused on 110 people who were released from prisons in Texas, California and Connecticut. The study examined whether or not those people had a hard time getting access to food because of a 1996 law that bans anyone who has been convicted of drug felonies from receiving food stamps.

States interpret this law differently. In some states, such as Connecticut, after someone complies with the court sentence, he or she then becomes eligible for food assistance. In Texas, once someone is convicted of a drug felony, he or she is banned from receiving food assistance, with zero exceptions.

The report found that 91 percent of those surveyed reported that they were food insecure. The most frightening statistic showed, of those surveyed who said that they did not eat for at least one full day in the past month, 37 percent were likely to exchange sex for money and use cocaine, heroin or alcohol before sex, putting themselves at higher risk for HIV and other sexually transmitted diseases.

The survey did show that there was not a link between food insecurity in the general population and HIV risk. The risk seems to be only for those convicted of a felony who have food insecurity. The researcher behind the study stated that more research still needs to be done on the subject.

The importance of a strong criminal defense in drug cases

Due to the implications of a criminal conviction involving drugs, it's especially important to provide a strong defense. An experienced criminal defense attorney can challenge the police procedure, review the evidence that the prosecution offers against the accused, file appropriate and strategic motions in court as well as negotiate with the courts and the prosecution. A strong criminal defense attorney may be the best step in protecting the rights and the freedom of the accused after a drug arrest.