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What is the crime for drug possession?

Marijuana rolled up

Drug possession and laws

US marijuana laws vary between federal and state, with each state having its own set of laws. There is much controversy between the Federal branch and the states what should be allowed legal if for medicinal or non-medicinal purposes. The punishment for marijuana charges differs between the Federal laws and from state to state too.  For the sake of this article, we’ll refer to Texas for state laws on marijuana criminal charges. 

So, Is drug possession a felony or misdemeanor? In Texas, the drug possession laws can be harsh, but the charges will depend on the type of drug and the amount possessed. There are 6 categories of penalties for controlled substance charges in Texas. The punishment for each penalty will vary with Penalty Group 1 having the most severe punishment and the least penalty for Group 4 carrying the least. When it comes to marijuana charges, there is a different set of punishments, which we will review.

What are some drug charges? 

In Texas, Penalty Group 1 drug charges would include, but not limited to codeine, heroin, methadone, morphine, and oxycodone. Charges for this group is considered a third-degree felony for one to four grams and a second-degree felony for four to two hundred grams.

What drugs are misdemeanors?

In Texas, the drug laws, the offenses, and the possible punishments are separated into six categories of penalties, with four drug classification. Marijuana charges are in a different group and the penalties vary for the four groups and for marijuana.

In Texas, the minimum charge for any drug possession will be listed as a “Class A” or “Class B” with possible one-year incarceration plus a fine not to exceed $4,000, all dependent upon the drug type. Possession of a Group 1 drug may be a misdemeanor with jail time of one to two years as determined by the judge.

Can misdemeanor drug charges be dropped?

Drug charges aren’t anything to take lightly, no matter where you live, even the lightest of any marijuana charges, can have an impact can certainly be everlasting. A not guilty finding or a deferred adjudication can still affect your life when it comes to buying a house, getting auto insurance, getting a job, child custody, and more.   

Is there a way to erase drug charges, including marijuana charges from your record? Fortunately, sometimes, having marijuana charges expunged is possible, with the right attorney representing you. For example, if there wasn’t a conviction or a formal prosecution against you, under Texas law, your arrest record for drug charges can permanently be expunged. The results being that any information about the arrest, charges, or a conviction is to be removed.

Can marijuana charges be expunged? Because marijuana laws are different, with medical marijuana being legalized up to certain amounts, and are handled differently than other drug charges, this has become a popular question.

When you’ve been arrested and faced with marijuana charges, or any drug, the first thing you should do is hire an experienced attorney. They will have the knowledge of all that is happening and what is forthcoming for your legal rights.

Having a clean criminal record can make a huge difference in how the rest of your life goes. As we mentioned already, with an arrest record, you’ll have trouble buying or renting a house, auto insurance, winning child custody, and even getting a job.  That is why it is important to hire an attorney and take the time to learn from them the best way to deal with these marijuana charges and if there is any possibility of having this arrest expunged from your criminal record.

It is possible to have marijuana charges expunged, but there are specifics that will determine the exacts of this situation. Under Texas law, some criminal convictions are non-disclosed, and expunging is not possible. Again, this is where an experienced criminal attorney can be your best source of help. Reasons, why a judge may agree to marijuana charges be expunged, include the following:

  • Accused was acquitted
  • Indictment failed.
  • The individual was pardoned.
  • The indictment was dismissed in court.
  • An appellate court ordered an acquittal.
  • The defendant entered a diversion program before going to trial.
Drug charges arrest

How many years can you go to jail for drug possession?

As we stated earlier, it depends on the type of drug and the amount of the drug. For instance, in Texas, the possession of cocaine less than one gram, you could face six months to two years in a state jail. A first-time offense could be placed on probation instead of a jail sentencing. 

Even with the widespread support by the public to have marijuana legalized in Texas, it is still an illegal substance and possession faces harsh punishment. The marijuana charges for possession of fewer than two ounces is a Class B misdemeanor and faces punishment in the county jail for 180 days and a possible fine of $2,000 maximum. Additional two-year probation of community supervision.

Drug charges are not something to be taken lightly, even though it is considered by many not to be a drug, you should not take marijuana charges light either. Hiring an experienced attorney is the best thing you can once you’re arrested. Trying to work through the legal system on your own can end up making it worse. 

Need help with marijuana charges in Weslaco, TX? Call 956-316-2245 today!

How Does an Immigration Bail Bond Work?

immigration bail bonds

How Does an Immigration Bail Bond Work?

Immigration bail bonds work slightly differently than regular bail bonds. That is because ICE, or the United States Immigration and Customs Enforcement, has a part to play in the proceedings. A surety bond is issued when the detainee or defendant’s family works with an immigration bonds agent to pay the bond. A cash bond is understood to be when the family or friends pay the amount directly to ICE. Once the defendant has followed proper civil proceedings by showing up to all mandatory court appearances, the amount that has been handed over previously can be fully refunded.

How Much is a Bail Bond for Immigration?

Immigration bail bonds need to be understood by all individuals living in America. Usually, the minimum amount for a delivery bond is about $1,500. This cost can escalate to up to $10,000 or ten-thousand dollars. This amount will escalate depending on the detainee’s past criminal history. For instance, if a detainee has been charged with domestic violence and has prior drug convictions, their bail bond amount will be understandable higher because they will be considered a threat, or risk, to society. At the end of the day, it is important to keep neighborhoods safe, which is why many laws are in place.

Who Qualifies for an Immigration Bond?

Bonds work in a very similar fashion across the board. A bond is the money that a family member or friend pays to the government in order to have a defendant released from jail or police custody. During the immigration bail bond process, once money has been paid to the government to release the detainee from police custody, they are then allowed to return to their residence until the following court appearance. The detainee must show up to all court proceedings, and follow through with the judge’s orders in order to get their money back. This includes the condition of deportation.

How Long Do You Have to Pay an Immigration Bond?

There are many different examples of the immigration bond process. Inevitably, it’s important for all individuals who are detained by ICE to have a fair trial and to have the opportunity to set and pay their bond. This process goes as fast as possible, provided the circumstances are correct. For instance, if an immigration or “removal” hearing is scheduled in a couple of days, at a bond hearing the judge will set a bond and the hearing will be two days later, provided the bond has not been paid yet.

Who Can Get Deported?

There are a number of different crimes that can get immigrants deported from the United States. In order to learn more, please review the following list of crimes that will cause ICE to review your case more critically:

  • Espionage.
  • Terrorist activities.
  • Stalking.
  • Child abuse or neglect.
  • Drug crimes.
  • Domestic violence.
  • Illegal possession or sales of firearms.

How to Pay Immigration Bail Bond

Are you wondering how you can pay a friend or family member’s immigration bail bond? There is a pathway forward. You can pay the bond at the detention center, or you can pay the bond at nearly any immigration office. In terms of payment, a money order from a U.S. post office will be acceptable, as will a cashier’s check. In some places, cash is acceptable.

Immigration Bail Bonds Near Me

Are you looking for a reputable bail bond company in your neighborhood? Please be advised that there are many different bail bond companies out there. You can conduct a simple internet search on your smartphone or nearby computer. According to the map radius based upon your current location, you will be able to access a bail bond company near you.

Immigration Bail Bonds in Texas

Luckily, there are many reputable bail bond companies in Texas. With proximity to the Mexican border, it’s important for individuals to know where to go should an immigrant friend or family member be detained. Having a knowledgable bail bond company and hopefully, a lawyer can help you.

immigration bail bonds

Benefits of Immigration Bail Bonds

If a friend or family member has been detained by the authorities, it’s important for individuals to understand what silver linings may appear. The benefit of getting an immigration bail bond is that individuals have a chance to catch their breath and adjust to some new realities. The same is true for all individuals who are held in police custody. At the end of the day, it is important for detainees to follow the correct processes and arrive at court for all mandatory proceedings. As the laws change and fluctuate, it will be important to pay attention to current and new changes in rulings. Regardless, having access to a good bail bond company always helps.

If you think you need help with your immigration bail bonds in Weslaco, TX, call Rodriguez Bail Bonds at today. Our staff would be happy to help you receive qualified assistance.

What is the Process of Bail?

bail bonds process and more

Dealing With Bail Bonds and More

After your arrested, there is a bail hearing procedure and a process after bail is posted. The best way person or persons to explain bail process and the bail process rules are an attorney or a bail bond company. The bail bond process can vary depending on the charge and the type of bail that is required. Call the Rodriguez Bail Bonds team now at for more about the bail bonds process in Weslaco, TX. We are here to help you.

What are the different types of bail?

The bail bond process is a lengthy process for everyone on the side of the defendant. An attorney or bail bonds company will explain bail bond process, but the following is a general summary of the bail bond process to give you some knowledge about the process. The purpose of a bail bond is to provide assistance to those that can’t afford the full bail amount. The different documents that will require the defendant and the one posting bail to sign, all of which can vary based on the charges the defendant is facing: 

  • A Citation Release: The defendant will have law enforcement arrive at their home and issue a citation release that advises them the date and time they are due in court.
  • A Surety Bond: Bail bond companies offer a surety bond offers a defendant or the person requesting a bond to pay the full bail should the defendant not show in court as required.
  • A Recognizance: Sometimes a judge will release a defendant on their own recognizance with the promise they will be attendance for all future court proceedings.
  • A Property Bond: When a defendant doesn’t have the funds to post bail, a bail bond company will accept documents of property owned by the defendant as collateral.
  • An Immigration Bond: For an illegal immigrant bail, it is turned over to the Federal courts to determine bail with the Immigration and Customs Enforcement and the Department of Homeland Security.
  • A Cash Bond:
  • If the defendant can pay the court the full bail amount in cash, this is a cash bond, and no bail bond company is involved. 

How is the amount of bail determined?

Initially, the bail process rules essentially begin when a judge sets bail based on a “bail schedule,” but based on the circumstance, they can choose to lower or raise the amount too. Ordinarily, the bail amount is set by a judge at the defendant’s first appearance before the court after an arrest. If the accused crime is serious, the bail amount will depend on various factors like criminal history, current employment, community connections, etc. Bail can be denied by a Judge too. Felony offenses bail is set 5 to 10 times more than other crimes, with the more dangerous and serious a crime, the higher the bail. 

bail bonds process

How long does bail take to process?

Sometimes, the bail bond process can be quick because bail has been predetermined, this allows the defendant to post and be released as soon as the booking process is complete.  This would be in the case of a first-time petty theft or a simple battery charge. 

A first time DUI, Public Intoxication charge may have predetermined bail, but the jurisdiction may require the defendant to stay in lock-up for a specific amount of time to sober before being released. 

For a high-level misdemeanor or a felony, bail bond process could have a predetermined bail established, but the amount is usually too high for a defendant to pay, it can also prove to be detrimental to the accused’s defense. In these cases, it is recommended to pay for a bail bond service or a lawyer. 

What happens when bail is denied?

When you are arrested, the priority is getting out, which often requires an attorney, family, or friend pay a bail bond company and begin the bail bond process. The judge sets the bail amount, and sometimes, a just will deny the accused bail.  What does this mean? 

When a person is denied bail, they are returned to their jail cell and will stay there until a hearing is scheduled. They can request a bail be set, however, it is recommended to have an attorney present to make this request. If it is denied again, the defendant or their lawyer can file an appeal with a higher court to reverse the decision and have a bail amount set. 

How long do you stay in jail if you can’t pay bail?

There are limitations depending on the offense as to the amount of jail time a person can be held if they aren’t able to post bail.  In Texas, for a Class A misdemeanor, the limit is thirty days and for a Class B misdemeanor, the time limit is fifteen days, with a Class C misdemeanor is five days. If you go over to our website, we have a detailed list of frequently asked questions or you can give our team a call if you need any more clarification.

the bail bonds process

Dial to Get Started Working With Us Today

Any time a person is arrested for any type of crime, the first thing that needs to take place is calling a lawyer. They will post bail, explain the bail bond process, and get the defendant the best outcome possible. Connect with our team today at for more about the bail bonds process in Weslaco, TX.

Is There Bail for Misdemeanor?

Misdemeanor bail can free you so that you can pay your debt to society.

Is there Bail for Misdemeanor?

Bail may or may not be mandatory for a misdemeanor case. This is because penalties depend upon the scenario of the crime and the seriousness of the infraction. If an individual is charged with a capital offense, bail may not even be an option for the defendant. This is because the Constitution of the United States only permits holding a defendant without bail pending a criminal trial. Since this is the case, there is absolutely no right to bail.

What Kind of Charges are Misdemeanors?

Would you like to find out what kind of charges qualify as misdemeanors? Please review the following information to learn more.

  • Petty theft.
  • Prostitution.
  • Public intoxication.
  • Simple assault.
  • Disorderly conduct.
  • Vandalism.
  • Discharging a firearm within city limits.
  • Marijuana possession.

How Much is Bail for a Felony?

Bail for felony crimes usually ranges from one thousand five hundred dollars to fifty thousand dollars. This is a wide range. It is important to note that this amount can easily rise into the hundreds of thousands of dollars. This phenomenon is usually restricted to very serious crimes or crimes that occurred under aggravating circumstances. Aggravating circumstances usually describe scenarios where violent offenses have occurred.

What Does it Mean When There Is Hold on a Bond?

An individual can be held on a “no-bond” status when the judge of the jurisdiction has found a significant reason to deny the bond completely. For instance, if an individual has jumped bail for a previous charge that symbolizes that the defendant is not taking their debt to society seriously. If an individual does not obey the laws of the land, then they can be deemed as a threat to society. If an individual is a threat to society, a judge has reason to withhold bond. This can leave a defendant in limbo until an attorney intercedes, a change occurs, or the judge changes their mind.

How Long Can Jail Hold You?

In terms of how long the police can hold you, the allotment of time is twenty-four hours until they have to charge you with a crime or release you. The police can hold you for up to thirty-six or ninety-six hours if you are suspected of a serious crime, such as homicide. If an individual is arrested under the terms of the Terrorism Act, that person can be held for up to fourteen days.

If you or someone you know has drug charges, it will be important to investigate the process for bail bonds for drug charges.

What is Misdemeanor Bail Jumping?

Bail jumping is defined as refusing or failing to appear in court after the defendant has been released on bail. It also means that you will forfeit your bond. Bonds are a licensed agreement between the defendant and the bail authority that they will return for their court date and ostensibly bear witness to justice. Bail jumping is a crime. It can be determined to be a misdemeanor or a felony depending on whether the underlying charge is a misdemeanor or a felony.

Misdemeanor with Bail

It is important to understand the nature of misdemeanor bail. There are three types of offenses in the criminal justice system. The first of these are infractions. Infractions are small, and usually, only receive a fine. Misdemeanors are more serious and can include a fine, probation, jail time, or prison time. The penalty of a misdemeanor will depend upon the nature of the misdemeanor. Felonies are the most serious of the three types of offenses. Felonies include fines and a minimum of twelve months in a state prison facility.

Bail for Misdemeanor Domestic Violence

Typically, domestic violence is filed under misdemeanor cases. This means that domestic violence is not punished as severely as other crimes. The bail that is set for a domestic violence case is usually around five-hundred dollars. This penalty would apply if the victim of domestic violence experiences a severe injury. This penalty amount would rise as high as $70,000 if any protective orders are violated.

Misdemeanor bail release you from jail.

Bail for Misdemeanor Charges

It is important to understand the average bail amount for a misdemeanor charge. A fee to obtain a five thousand dollar bail bond is usually ten percent. That means that the charge will be around five-hundred dollars. This money is non-refundable. It will be paid to either a bail bondsman or the court itself. For minor misdemeanors, the bail may only be set around five hundred dollars. Something to keep in mind is that a judge can choose to either raise or lower that amount based upon the situation and the circumstances of the case.

Are you looking for help with misdemeanor bail? Our friendly staff at Rodriguez Bail Bonds are ready to take your phone call at . Receive quality help with misdemeanor bail in Weslaco, TX.

How Much is Bail for a Felony?

A Judge Speaks to a Defendant in a Courtroom.

Can you get bail on a felony charge?

As many as 95% of all criminal cases, whether felony or misdemeanor, have a bail amount set. It is generally up to the courts to decide whether or not to grant felony bail. Much of this will depend on the circumstances. The judge will use his or discretion on whether to set bail on a felony charge. One of the main things that will determine if bail is set is the judge can establish whether you’ll return to court on your scheduled court date. This decision will rest on several factors, including your past criminal history, your status in the community and the offense you committed

How much is bail for a felony?

Felony bail amounts will vary in Texas depending on the level of the offense committed. Texas has several levels of felony offenses, divided into classes.

  • State jail felony: These are offenses that don’t readily fit into other classifications. Most will not involve weapons, and punishment ranges from 180 days to two years in jail, along with up $10,000 in fines.
  • Third degree: A less serious felony offense like possession of five to 50 pounds of marijuana that carries a prison sentence of two to 10 years in prison and up to $10,000 in fines. 
  • Second degree: A crime that carries a sentence of two to 20 years prison time and fines up to $10,000.
  • First degree: A crime like sexual assault of a child that carries a prison sentence of five to 99 years or life. 
  • Capital felony: Crimes like murder that can receive sentences including life without parole or the death penalty.

For felony bail you might expect the bail to be set at anywhere from about $5,000 to $20,000. Felony bail for theft may be less than bail for very serious crimes like first-degree murder, which could be set higher, even into the millions of dollars. With some offenses like a capital murder charge no bail could be set.

Once bail is determined, you may need help from a bond agent to pay felony bail. In the Weslaco, TX, the leading bail bonds service is Rodriguez Bail Bonds. We have more than 40 years of experience with bail bonds, so give us a call at for help.

How is the amount of bail determined?

When determining the amount of bail, the judge will consider the offense, as well as your criminal background, social status in the community, and the likelihood that you will return for your court date. The likelihood of your showing up for court is usually the primary determinant in the bail amount. If this is a first offense and you have a job and an otherwise good history within the community you live, it’s possible you may be released on your own recognizance, without paying any bail amount. 

Some courts may use a program that has a mathematical algorithm to determine the bail amount. Your information is entered into the program and the program sets a score or provides a recommendation based on the algorithm. The programs determine assess the risk you may commit another crime or fail to appear.

Felony no bail

There are many reasons a judge may determine no bail should be set. Depending on your circumstances and background, the judge may let you go on your promise to show up for court. This is release on recognizance. If you are violating the terms of your probation from a previous conviction, it’s very likely you will not get bail, and will have to remain in jail until your court date. 

Your criminal history and background, as well as the type of crime committed play major roles in determining the bail amount, or if bail is granted at all. If have a long string of convictions, and commit another crime, you may not be granted bail. The courts have final say on bail.  

Will I go to jail for first felony?

When you’re first arrested on felony charges, whether or not it’s a first offense, you will at least spend a few hours or a few days in jail, until your arraignment or bail hearing. Once you post bail you’ll be released. If you cannot afford bail, you’ll remain in jail until your court date.

If you have been tried and convicted of a felony offense, it will be up to the judge or jury to decide your sentencing. Depending on the type of offense, many first-time felony offenders will not receive state jail time. With some drug charges, for instance, the recommended sentencing may be deferred adjudication or probation. Other offenses such as murder or sexual assault of a child you’ll normally receive jail time, even for first offenses.

Can you get bail out of jail after sentencing?

State laws will vary, but in some cases, a defendant can be released from jail on bail after being sentenced. This is a fairly rare circumstance, and usually only occurs for less serious offenses. Bail may be granted in the case of an appeal, for instance, or if the sentence is relatively short, as it may be with some minor crimes. Post-conviction bail for serious crimes is rarely granted because those convicted are considered flight risks.

Can a felon bail someone out of jail

While it’s technically possible for a felon to bail someone out of jail, it may not be the best choice to do so, especially if you are on probation. Before posting bail for someone, you may want to check with your probation officer to see if it would violate the terms of your probation. You could be considered to be associating with known criminals or with someone involved in a criminal act.

An Inmate is Escorted to His Jail Cell.

Get help today

If you or a loved one have been arrested on felony charges and need felony bail in Weslaco, TX, give the professionals at Rodriguez Bail Bonds at call at . We have more than 40 years of bail bond service and are ready to help you. 

How do I find a reputable lawyer?

How to Find a Good Attorney is Our Job

Bail Bonds and Attorneys

When you need to help bail someone out, you can do a quick search and find a reliable bail bondsman in no time. But what do you do when you need to find a lawyer? It’s risky and highly inadvisable to just pick a random lawyer when you have the choice to pick someone. There are some instances when that isn’t an option and you are stuck with whomever the state sends to you. Regardless, when you want to know how to find a good attorney in Weslaco, TX, give Rodriguez Bail Bonds a call. We’re available 24/7 at

Ask Friends and Family How to Find a Good Attorney

How to Find a Good Attorney

The severity of the crime committed will determine when to find an attorney and when to not. If you are seeking bail on a felony charge, then you may want to also seek an attorney as well. That can often seem difficult though. How do you even begin to find someone? What if you can’t find an attorney? There are a lot of questions to answer, so let’s just get started.

  • Ask Family or Friends: An easy way to start finding a lawyer is to ask your family or friends. Someone may know an attorney or at least a practice to start with. Or ask bail bonds agent.
  • Ask Other Lawyers: If you already know a lawyer, but maybe you can’t afford their prices, you can always ask them for recommendations. 
  • Do Research Online: There are a few online platforms such as Martindale Hubble that can help you find reputable lawyers in the area. 
  • Check the State Bar: A great place to find an attorney bar number and check their credentials at the same time is the State Bar site. 
  • Contact State Programs: If you can’t afford a lawyer but you’d like some help, there always several state pro bono programs that you can contact. 

Though it may seem like it at times, it’s not impossible to find a lawyer. Whether you pay for one or you go through the state services, there is someone out there that can help you. Another great place to ask for advice or help is at the bail bonds service you use. Rodriguez Bail Bonds will gladly discuss reputable lawyers and point you in the right direction. 

Qualities of a Good Attorney

Finding a good attorney can seem daunting, but it’s not impossible. Once you have found one that you like, it’s important to vette them and make sure they are up to the task of being your lawyer. The best way to do that is to search for their State Bar Profile and look for a website for reference. On the website, looking through their Frequently asked questions can give you an understanding of who they are and how they can help you. 

  • Communication: Since public speaking is a major component of their job, it’s important to know that your lawyer can communicate well. Additionally, they need to be able to write well and just generally communicate a point well.
  • Judgment: Your lawyer needs to be able to come to reasonable, logical conclusions based on the information provided to them. They need to be able to see the larger picture at hand as well as the smaller details and weaknesses. 
  • Analytical Skills: One of the most important qualities your lawyer should have is being able to analyze just about any situation. We’re not talking about someone calculating or manipulative, but someone that can filter through all the information and find reasonable conclusions. 
  • Research Skills: Any good lawyer knows most cases need a solid foundation of research before ever stepping foot in a courtroom. Your lawyer should be able to accurately filter and condense all the information they find.
  • People Skills: Of course your lawyer also needs to have more than adequate people skills. They need to be able to empathize with you and be able to relate that to a judge and/or jury. 
  • Perseverance: A key quality that may often get overlooked is perseverance. Your lawyer should be willing to put the time and effort into defending you. They should be dedicated to defending you and willing to work as hard as it takes. 

Regardless if you are paying your attorney or they are doing it for free, these are just a few of the qualities they should possess. You need someone that you can rely on and trust to help you. Look for these qualities and you can’t go wrong.

Frequently Asked Questions

  • Can I get a lawyer for free?
    • If you can’t afford a lawyer on your own, then the state can appoint one to you. Usually, the lawyers that do this are doing the work “pro bono” which means they aren’t getting paid and won’t ask for money to defend you.
  • How do I check a lawyer’s credentials? 
    • The best and most reliable place you can research a lawyer is with their state bar profile. Every licensed lawyer will have one. You can Google them and read through their credentials on the state bar site. 
  • How do you research a lawyer?
    • You can start by Googling them to see if they have a website for reference. Another site that will provide you the most accurate information will be their state bar profile online. 
  • How can I get free legal advice?
    • There are several ways you can get access to free legal advice. Call a legal aid hotline, schedule a free consultation with a lawyer, look into federally-funded legal aid programs, find a local pro bono program, or take advantage of the free legal services offered by your state. 
  • What qualities make a good lawyer? 
    • Some of the big and best qualities a good lawyer can have are communication skills, analytic skills, research skills, people skills, using good judgment, and being a people person.
Online Research Can Help How to Find a Good Attorney

Connect With Us Today for More Information

We can help you with bail and we can help you find an attorney. Dial to connect with Rodriguez Bail Bonds about how to find a good attorney in Weslaco, TX. We’re here to help you.

How Do Immigration Bail Bonds Work?

A Picture of an Arrested Man with Cuffed Hands Wearing an American Flag Shirt.

What Are Immigration Bail Bonds?

If you a family member or friend has been detained by the Department of Homeland Security or ICE (Immigration and Customs Enforcement) due to reasons having to do with their immigration status, it is a good idea to get immigration bail bonds so they can be released until their court date. An immigration bail bond is when someone puts up money in order for the detained persons can be released from the federal law enforcement station. Immigration bail bonds differ a lot from regular bail bonds; typically the bail amount is determined by a court of judge, but in the case of immigration bail the amount is determined Homeland Security. Another thing that makes them different is that the federal government posts the bail, not the court. So either an immigration judge or custody determination will set the bail.

While there are some things about immigration bail bonds that are different from traditional bail bonds, the process is not that different. When someone is arrested by either Homeland Security or ICE, they will be taken to the Department of Homeland Security Immigration Customs Enforcement in order to be processed and booked. Next, the immigration judge or custody determination will set the amount of the immigration bail bond. Once the bail amount has been set, an outside party such as a friend or relative will have to pay the full amount of the bond. In situations where someone can’t pay the full amount, then they can seek help from a bail bond company. By putting up the bail amount for the detained individual, they are promising to Homeland Security that the defendant will go to their court date or NTA (notice to appear).

Who Qualifies for Immigration Bond?

A lot of people ask who are going through this type of situation, “Who gets immigration bail?” For the most part, people who need immigration bail bonds are eligible for them. However, there are a couple of things that can prevent someone from qualifying for an immigration bond. If someone is considered a flight risk, has past criminal convictions, has already been deported, or ICE or Homeland Security doesn’t think the detainee is cooperating they will not be eligible for immigration bail bonds. When someone doesn’t qualify for these types of bonds, they have to wait in the immigration detention facility to see if an immigration judge decides to deport them or if they are being inadmissible. If someone does qualify for an immigration bail bond, there are a couple of types that can be issued.

  • Delivery Bond: Two things have to happen, a detainee must have an arrest warrant and ICE must receive notice of custody conditions.
  • Public Safety Bond: If the detainee accepts any type of public assistance, the fees to the government will be reimbursed.
  • Voluntary Departure Bond: The detainee is guaranteed voluntary return to their country based on the conditions in their court order.
  • Order of Supervisions Bond: The detainee is required to check in with ERO (Enforcement and Removal Operations) so that it minimizes the flight risk.

For detainees to not forfeit their bond, they have to meet the immigration bail conditions. The conditions of the immigration bond will depend on the specific circumstance.

How Much is a Bail Bond for Immigration?

When it comes to the bail amount for immigration bail bonds, there are a couple of factors that are taken into consideration. The immigration judge or ICE will consider the detainee’s employment, criminal history, if they have family ties to the U.S., and what their immigration status is. If the detainee is considered a flight risk, their bail amount will be a lot higher. The bail amount can also depend on what kind of immigration bail bond is assigned. Typically, you can expect to pay anywhere from $1,500 to $10,000. If the detainee is unable to pay the bond amount or their loved ones can’t pay the bond, then they can get help from a bail bond company.

What Happens When Individuals Are Released On Bond in Immigration Court Proceedings?

A Picture of a Book with the Title Immigration Law with Gavel On Top.

What Happens After Immigration Bail?

Many people ask, “What does it mean to be granted immigration bail?” what it means is that the detainee is free to leave the detention center that they were being held at. While this is great news, it doesn’t mean that your case is over–there are still things that need to be done in order to ensure everything goes smoothly. If someone is released on a Rodriguez bond (Rodriguez v. Robbins, 805 F.3d 1060) that means that the case has been expedited, and the court hearing will take place 10 to 28 days later after you leave the detention center. Because of this, you need to make sure that your mailing address is up to date. If its a regular deportation case and doesn’t involve a Rodriguez bond, you will still need to go to every hearing. You should also file a written request to have your case moved to a court that is closer to your home. If you have a loved one who needs immigration bail bonds in Weslaco, TX, please call Rodriguez Bail Bonds today! Our bail bonds will help you get released from jail quickly. From immigration bail bonds to drug charges bail, there is nothing we can’t handle. Call us at 956-316-2245 for 24 hour immigration bail bonds.

What is a Controlled Substance Violation?

A flashing blue light from a police vehicle with traffic in the background.

Is Possession of a Controlled Substance a Felony?

The penalties for possession of a controlled substance offense in Texas vary depending on which penalty group the substance is found to be categorized in. These groups number from one to three and are typified according to their potential to be abused. If the substance is found in the first group (PG-1, the group with the substances with the most potential to be abused) an individual can be convicted of a state jail felony if the substance is less than one gram. The state jail felony conviction can also be applied to the PG-2 category. For PG-3, the individual can only be convicted of a Class A misdemeanor.

When you find yourself in a jail cell, it’s important for you to know you have options. Familiarize yourself with the bail process so you are able to move forward with responsibility.

How Long do You Go to Jail for Possession?

If you possess an illicit or controlled drug, it may violate the Texas Controlled Substances Act. In order to convict an individual of drug possession, the Texas state prosecutor must prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed or manufactured control over a controlled substance (drug) which the individual does not have a prescription for. Depending on the amount of the illicit drug in the individual’s possession, the penalty can be up to 99 years. In summation, Texas has some of the harshest penalties for drug possession.

Weslaco, TX possession of a controlled substance carries great consequences. Reading about the laws in your state will inform you about the serious ramifications.

What Crimes Get 10 Years in Jail?

In Texas, first-degree, second-degree, and third-degree felonies can merit ten years in jail. First-degree felony charges can bring imprisonment ranging from 5-99 years, depending on the case. A second-degree felony conviction comes at a cost of 2-20 years, and a third-degree felony relates to approximately 2-10 years of jail time. Additionally, a state jail felony comes with an imprisonment time ranging from 180 days to two years. Due to the harshness of these imprisonment times, it’s important to exercise discretion and decorum. The only way to truly remove oneself from imprisonment is to follow the laws and stay away from illegal substances.

What Does Controlled Substance Mean?

The definition of a controlled substance is as follows: any illicit drug or prescription medication for which its manufacture, possession, or use is regulated by the state or federal government is referred to as a controlled substance. The Texas Controlled Substances Act defines a controlled substance as, “a substance, including a drug, an adulterant, and a diluent listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4.”

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Can You Get Probation for a Felony Drug Charge?

The punishment range for a felony drug charge can be different depending on the specific circumstances of the case and the person’s criminal history. If a person does not have any felony criminal history, they may be eligible for probation. In some cases, a state jail felony drug charge is mandatory probation. A state jail felony means the charge is the lowest level felony and has special rules that apply to punishment and release. These special rules include the length of the sentence, “good time” use against the person later, and the facility of imprisonment.

Controlled Substance is a Felony

To be clear, Texas is serious about drug use. This is because the laws were ordered to prohibit drug use amongst citizens to the highest degree allowable. The possible charges and penalties vary depending on the amount the person has on them, and the type of drug. The Texas Controlled Substances act dictates that first, second, third-degree, and state jail felonies will be accorded to drugs (a gram or less) of illicit and controlled substances. These controlled substances range in severity from the potential to be abused by an individual. Common drugs that are in the severest category, or PG-1, include opiates and related drugs.

Is Controlled Substance a Law?

If an individual possesses a controlled substance, they can be penalized by the state of Texas. Anyone caught with a controlled substance or found to be driving under the influence of drugs or alcohol, will come under the severe penalties required by law. For instance, while marijuana may be legal in some states, it is not legal whatsoever in Texas. Currently, CBD oil with very low amounts of THC is allowed for those with a medical need, such as for the treatment of epilepsy.

Controlled Substance and the Law

When it comes to drugs and drug addiction, Texas has particularly strict laws. These laws were designed to discourage and punish citizens from choosing to use illicit and illegal substances in the state of Texas. A person found in possession of any illegal substance can face jail time, probation, hefty fines, mandatory drug addiction treatment, and a six-month suspension of their driver’s license.

Controlled Substance Codes

It is best if citizens of Rodriguez Bail Bonds are informed about the substance codes in their state. The following list consists of the substance codes in Texas.

  • CDS – Controlled Dangerous Substance.
  • PG-1 – Penalty Group One. This typifies all the penalty groups by category of 1, 2, 3 and 4.
  • PG-1A – Penalty Group One A consists only of lysergic acid diethylamide (LSD).

Have you or someone you love been arrested for a controlled substance in Weslaco, TX? Our staff at Rodriguez Bail Bonds are ready to take your phone call at __PHONE__. Don’t wait! We can help.

Can a drug charge ruin your life?

An arrest for possession of a controlled substance doesn’t mean your life is ruined, although if convicted, the penalties can be harsh.

Drug charges, for instance, can be dropped or reduced. Some reasons drug charges could be dropped include:

  • Officer didn’t have a valid reason to stop you or search you, your home or vehicle.
  • You didn’t freely or voluntarily give consent to search or the officer exceeded that consent.
  • You can agree to cooperate with law enforcement and you and your attorney can carefully negotiate the charges with prosecutors.
  • Possession can’t be proven by the officer. Drug charges must have evidence to support them.

Even if you are convicted, depending on the seriousness of the charge, it might not ruin your life. Not all charges, for instance, are felony charges.

Answers To Frequently Asked Bail Bond Questions

Is possession of a controlled substance a felony?

A possession of a controlled substance charge can be either a misdemeanor or a felony. This depends on the type and amount of drug and intent. Usually amounts of 400 grams or more will constitute a felony.

Drug charges and penalties also vary from state to state. In Texas, drugs fall under different categories,  and classifications, such as narcotics and stimulants, and carry penalties accordingly. At minimum, possession charges are Class A or B misdemeanors, with up to 1 year of jail time and $4,000 in fines.

Additionally, there are three main penalty groups, Penalty Groups 1, 2, and 3, and some drugs like opioids fall under two different penalty groups. Heroin, for instance, falls under Penalty Group 1, while other opioids not listed under that penalty group fall into Penalty Group 3.

Penalty Group 1 carries the severest punishments, with two years of minimum jail time and fines of $10,000 to a maximum of life and fines up to $250,000 for possession of 400 grams or more.

Marijuana, however, falls under its own penalty group. Possession of marijuana of 2 ounces or less at minimum results in probation and mandatory drug treatment, along with the possibility of 180 days in jail and fines of up to $2,000.

What percentage of crimes are drug-related?

According to Bureau of Justice statistics, 17% of state prisoners and 18% of federal prisoners reported they committed crimes to get money for drugs. About a quarter of all inmates in local jails, who had been convicted of property crimes, said they had committed their offense for money to buy drugs.

Additionally, FBI statistics show that almost 4% of all homicides are drug-related. As many as 70% of offenders on probation reported past drug use. Marijuana was the most commonly reported drug used.

What are the charges for possession of drugs?

While drug laws vary state to state, possession of illicit drugs such as heroin, cocaine, methamphetamine, LSD, drugs like ecstacy and in some states, including Texas, marijuana is still illegal. Depending on the amount possessed and the intent of use—either for personal use or to distribute—a person can be charged with either a misdemeanor or felony. In some cases, federal charges can be brought up.

Penalties for such charges will also vary from state to state and on other convictions a person might have. If a person has several guilty convictions they could face a lifetime in either a state or federal prison.

Along with drugs like heroin or cocaine, prescription drugs are illegal to possess, use, and distribute if the person in possession of the the drug does not have a legal prescription from a licensed medical professional for that drug.

Because of an increase of illicit prescription drug use, especially of opiate-based painkillers, penalties in many states have increased.

In some states like Texas, it is also illegal to possess drug-related paraphernalia including scales to weigh drugs, drug purity testing equipment, any substance or material used to dilute a drug or packaging like baggies or balloons used to sell and distribute drugs.

What drug is considered a controlled substance?

Both illegal drugs and legal prescription drugs are controlled substances federally classified in five categories or schedules:

  • Schedule I: Drugs in this category are considered to have no medical uses and potential for high abuse. Heroin and LSD fall into this category, as does marijuana, although the DEA is considering downgrading marijuana into a different schedule because potential for medical applications.
  • Schedule II: These are drugs that have a high potential for abuse. Cocaine, methamphetamine, opium and controlled prescription drugs like morphine and oxycodone fall under this category.
  • Schedule III: Drugs in this category tend to have less potential for abuse and more uses medically. In this category are drugs like anabolic steroids, painkillers like Vicodin and some products that contain codeine.
  • Schedule IV: Includes primarily prescription drugs with wide medical use and a lower potential for abuse. Under this category are drugs like Xanax, Klonopin, Valium, and Ativan.
  • Schedule V: Primarily drugs with a wide medical use and low potential for abuse. Often drugs with small amounts of codeine in them are placed in this category.

Will a possession charge show up on a background check?

A possession charge, even a misdemeanor charge, if convicted, could show up on a background check, depending upon how extensive the background check is. Governmental background checks will often be more extensive than an employer’s background check.

In Texas, background checks fall under a “seven-year” rule, which keeps background check companies from reporting any conviction, felony or misdemeanor, older than seven years. There are exceptions to the rule. It doesn’t apply for employers offering salaries of $75,000 or more annually.

Other states with the seven-year rule in place are California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, and Washington.

If you have been charged and jailed for possession of a controlled substance, the professionals at Rodriguez Bail Bonds in Weslaco, TX. Give us a call if you need our help for this or other problems. You might also find our frequently asked bail questions useful regarding other issues of bail.

Weapons Offenses and Their Consequences

The Second Amendment of the United States Constitution gives its citizens the right to bear arms. With different state laws regulating what weapons are permissible and others aren’t, it can be a bit tricky to understand what counts as a weapons offense, and what counts as legal. Before carrying a weapon out in public, there are a few things you need to be aware of.

Definition of Weapon Violation

A weapon violation is the breaking of laws or ordinances that deal with Weapon Offenses, such as the manufacture or sale of a deadly weapon, giving a weapon to a minor, aliens in possession of deadly weapons, and the attempt of even doing any of the before mentioned. Weapons violation is a serious crime and can lead you to pay heavy fines and/or doing jail time.

What Falls Under the Category of Weapons Violation?

Weapons that can cause mass destruction and are more commonly used in the military are all considered to be deadly weapons, this includes but is not limited to:

  • Explosives
  • Clubs
  • Knives with blades over five and a half inches long
  • Shotguns with barrels less than 18 inches
  • Rifles with barrels less than 16 inches
  • Altered Rifles or Shotguns whose length are less than 26 inches
  • Machine Guns
  • Zip Guns
  • Firearm silencer
  • Chemical Dispensing Device

Weapons violations can lead to hefty fines and jail time.

Possession and Use

Being charged with a weapons violation is serious and it falls under two categories, possession and use.

Possession refers to being found in the ownership or control of a deadly weapon on your person, in your car, or at your home. You can be charged with illegal weapon possession even if you have not shown, used, or threatened anyone with the weapon. Federal and State laws state that deadly weapons cannot be owned or used by civilians. (Note: You can also be charged with illegal possession, even if it is a weapon that is technically legal to be owned if you do not have a weapons permit. If you are going to carry, you must have a permit first.)

Use refers to being found using or brandishing a weapon during the act of another crime. A person does not need to be injured, nor does the gun necessarily have to go off, for illegal use to be charged. For example, if a person decides to rob a bank, but tries to do it with no weapon, they would be charged with robbery. Add a gun or a knife into the mix and now the charge gets upgraded into an aggravated robbery. The term aggravated is only used when a weapon is involved in the crime.

Consequences for Firearm Misuse

The consequences of being found in the possession of an illegal firearm are steep and have far more reaching consequences than just jail time. Being found with a pair of brass knuckles can lead you to have a Class A misdemeanor, which will result in jail time for up to a year as well as a $4,000 fine.

Jail time is given for both Class A misdemeanor and a 3rd-degree felony.

For more serious offenses, such as being in possession of explosives or a machine gun, you could be charged with a 3rd-degree felony which brings a sentence between 2-10 years as well as a fine up to $10,000.

These consequences though follow you even after jail time, your privileges, such as the right to vote and the ability to gain state professional licenses would be taken away from you. You would no longer be allowed to practice your 2nd amendment rights legally either, as you would no longer be accepted to own a weapon permit. Finally, you will find that your ability to find jobs would dwindle, as certain fields are not open for people convicted of a felony.

If I Get Accused of Firearm Misuse, Then What Happens?

If you find yourself in the unfortunate situation of being accused of possessing a firearm, then you will end up in the Hidalgo County Jail. Here it will be the responsibility of you or a loved one to find a way to pay for bail. If you need help with this, then call Rodriguez Bail Bonds. With our help and your commitment, we will be able to help you get out of jail which allows you the time to find representation before your next court date. The only thing we ask of you is that you come into our office and fill out some paperwork, in which you will agree to show at your court date. We are not concerned in finding out all of the facts of your case, we just want to know the crime and the charges that are being made against you, as that is what the judge uses to determine the amount of money needed for bail. During your next court date is when you will be determined innocent or guilty.   

We are the name you can trust when it comes to making sure that your bond is set immediately, so that you may meet with your lawyer and your family to plan out your next action.