Texas Criminal Defense Lawyers Association - Voice For The ...

Texas Punishment
Parole Eligibility: State jail felons are not parole eligible and do not get good conduct time on their sentence. Tex.
CodeCrim.Pro. 42.12 §15(h)(1).
Effect on Driver’s License:
Adult: License suspended for 180 days (Transportation Code §521.372)
Minor: license suspended for 1 year (Tex. Family Code §54.042(a)(2))
Deportation & Exclusion: 8 USCS §1227(a)(2)(i): classes of deportable aliens include:
Any alien who at any time alter admission has been convicted of a violation of (or a conspiracy or attempt to
violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance
(as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving
possession for one’s own use of 30 grams or less of marijuana, is deportable.
Drug abusers and addicts. Any alien who is, or at any time after admission has been, a drug abuser or addict is
deportable.
A state drug conviction is a “drug trafficking crime” (and thus an aggravated felony) if “(1) the offense was
punishable under the Controlled Substances Act and (2) it was a felony” under either state or federal law. United
States v. Hernandez-Avalos 251 F.3d 505 (5th Cir. 2001)
Other Consequences:
Is disqualified from obtaining a concealed weapon license Tex. Gov’t. Code §411.172(3)
May not vote in a public election. Tex. Elec. Code §11.002(4), See also Tex Const. art. XVI §2
May not serve on a petit jury. Tex. Code Crim. Pro. §35.16
May not serve on a grand jury. Tex. Code Crim. Pro §19.08
May not run for, or be appointed to, a public elective office in the State of Texas. The defendant is disqualified for
life unless he receives a pardon or is ‘’otherwise released’’ from the disqualification. Tex. Elec. Code §141.001(4)
May not ship, transport, or receive a firearm or ammunition, or is otherwise in violation of federal law (max.
sentence of 10 years in prison and $5,000 fine). 18 USCS §922(g) and (n)
Generally, a defendant convicted of a felony or misdemeanor offense may lose the right to receive or continue
to hold a business or professional license issued by the state. See generally Tex. Occ. Code. §53.021
May not possess a firearm anywhere unless five years or more has passed since his or her release from confinement
or community supervision, parole, or mandatory supervision, whichever date is later. Tex. Penal Code §46.04
D. Third Degree Felonies
Offense: Possession / Manufacture / Delivery of Controlled Substance (Tex. Health & Safety Code §481.112
- §481.121) - 3rd Degree
Punishment: No less than 2 and no more than 10 years in the Texas Department of Criminal Justice and a fine
not to exceed $10,000.
Probation: Third Degree Felons who are not otherwise disqualified are eligible for probation. The minimum
period of supervision is 2 years. The maximum period of supervision is 10 years. (Code of Criminal Procedure
Article 42.12 §3(b))
Parole Eligibility:
Inmate is eligible for release on parole when the inmate’s actual calendar time served plus good conduct time
equals one-fourth of the sentence imposed or 15 years, whichever is less. Tex Gov’t. Code §508.145(f)
An inmate serving a sentence for which the punishment is increased under §481.134, Health and Safety Code
(Drug-Free Zone) is not eligible for release on parole until the inmate’s actual calendar time served, without consid‐
28 VOICE FOR THE DEFENSE October 2006