Sunday, June 10, 2007

Change in Texas Law

Law in the past:Under current law, police officers must arrest a person whom they arecharging with a class A misdemeanor (up to one year in jail and/or amaximum fine of $4,000) or class B misdemeanor (up to 180 days in jailand/or a maximum fine of $2,000). The arrested person then is booked andplaced in the county jail until the person can be brought before amagistrate for a hearing.

THE CHANGE:
Police officers could issue a citation and summons only if the personcharged resided in the county where the offense occurred and the offensewas:

possession of four ounces or less of marihuana (sec. 481.121(b)(1)-(2), Health & Safety Code);·

criminal mischief, where the value of damage done was $50 ormore but less than $500 (sec. 28.03(b)(2), Penal Code;·

graffiti, where the value of the damage done was $50 or more butless than $500 (sec. 28.08(b)(1), Penal Code);·

theft, where the value of the property stolen was $50 or more butless than $500 or the value of property obtained by a hot check was$20 or more less but less than $500 (sec. 31.03(e)(2)(A), PenalCode);·

theft of a service, where the value of the service stolen was $20 ormore but less than $500 (sec. 31.04 (e)(2), Penal Code);·

possession of contraband in a correctional facility, if the offensewas punishable as a class B misdemeanor (sec. 38.114, PenalCode); or· driving with an invalid license (sec. 521.457, Transportation Code).


Summery:
This law goes in to effect on 09/01/2007 this will make being cought with less than 1/4lb of pot a ticket able offense not a go to jail card this will do the same for most other Class A and B misdemeanors

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