San Antonio, TX asked in Criminal Law for Texas

Q: Can the state charge you with "Delivery" even though you never went to jail for that? Only a possession charge?

The state is trying to charge my boyfriend with a delivery charge but when he was arrested he was charged with possession of a controlled substance. How can they "bring this charge down the pipeline, as his court appointed lawyer puts it? How can that be an after the fact indictment?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes, you can be arrested and charged with any offense they believe you committed. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. The state has 3 years from the commission of a felony drug charge to secure an indictment.

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