Not Guilty on a charge of Controlled Substance in a Correctional Facility
… How do you like them apples?
Don was doing weekend time for a DWI. He reported to the Chambers County (Anahuac) jail, and may have forgotten he had 3 joints in his back pocket. Chambers County Sheriffs Deputies found the marijuana during the strip search. Controlled Substance in a Correctional facility.
Don was charged with a third degree felony and enhanced to Habitual Felon status – 25 years to life – and in the spirit of this insane, feel good sound good legislation (3 strikes and you’re out law) the prosecutor offered 25 years with the Texas Department of Corrections (TDC).
Take the offer, or go to trial.
We set it for trial.
Criminal Defense of Client Charged with
Controlled Substance in a Correctional Facility
Right before voir dire (jury selection) the prosecutor offered 15 years, my client who had 2 prior felony convictions and 8 misdemeanor convictions was pissed and decided to put the prosecutor to the test.
Texas is one of the few states that bifurcates the trial, first phase is guilt/innocence, if you lose, you have a second trial on punishment.
The defendant has a choice of going to the judge or jury for punishment; I filed a motion for jury punishment. By picking the jury for punishment in the event we lost, I was allowed to discuss Don’s prior convictions and that if you are selected for the jury you’ll have no choice but to sentence him to 25 to life.
Accused of Marijuana Possession or
Possession of a Controlled Substance?
Call Houston Lawyer Jack B Carroll, 713-228-4607
I talked about his prior conviction for felony assault in a bar fight and subsequent conviction driving his work truck with a pistol in the glove box (felon in possession of a firearm). I did this because I thought the case was hopeless and I was hoping to wear out the prosecutor by getting a hung jury, dead-locked jury, or a juror nullification.
A nullification by a Texas jury may occur if they think the punishment is so out of line with the crime that they won’t convict even if they think the defendant is guilty.
In short order, the jury came back with a Not Guilty verdict. I was still hot about the trial, young and inexperienced, and couldn’t resist parroting a line I just heard in a movie.
I asked the Chambers County prosecutor, (who was also young, inexperienced, and is now a top-shelf defense lawyer) “do you like apples?”
“We just kicked your ass. How do you like them apples?”
CASE RESULT: Not Guilty
If you have been accused of Possession of a Controlled Substance, Attempted Delivery, or need a Top Houston criminal defense attorney to represent you or someone you know in the Greater Houston TX area for a drug charge, give me a call for a free case evaluation. My name is Jack B. Carroll, an experienced criminal defense attorney.
I can be reached at 713-228-4607.