Sentencing: Texas Judges Call for Reducing Drug Possession Penalties
Two years ago, Houston State District Court Judge Michael McSpadden stood alone when he called on Texas Gov. Rick Perry (R) to support lowering simple drug possession from a felony to a misdemeanor. Last year, he was still alone. But this year, McSpadden is making the same call, and this time, he has the support of 15 more judges.
As the state legislature got underway last week, McSpadden and his colleagues sent a letter to top state officials and Houston's state representatives urging them to change what he called the state's "draconian" drug laws. The judges want to see possession of less than one gram of a controlled substance reduced from a state jail felony to a misdemeanor.
"Sixteen of us feel that it's just unfair to be convicted for a residue amount and be labeled a felon, which changes your whole life," McSpadden said. "We're not talking about legalizing it; we're talking about making it a misdemeanor."
In addition to calling for a downgrading of drug possession charges, McSpadden's letter urged mandating drug treatment for offenders and funding misdemeanor drug courts. He said simple possession drug felonies account for 25% to 30% of Harris County's 22 criminal district court dockets and that Harris County prosecutors routinely charge as felonies offenses that are charged as misdemeanors in other parts of the state, leading to disparate treatment among counties.
"The 'War on Drugs' isn't working, and we as judges realize it, and the public realizes it," wrote McSpadden, along with fellow Republican judge cosigners Debbie Mantooth Stricklin, Jeannine Barr, Vanessa Velasquez, Denise Collins, Marc Carter, Belinda Hill, Joan Campbell and Jim Wallace, and Democratic judge cosigners Ruben Guerrero, Shawna Reagin, Kevin Fine, David Mendoza, Randy Roll, Hazel Jones and Maria Jackson.
But will the legislature listen? Last year, McSpadden's efforts never made it out of the House crime committee. But now, the budget squeeze is on, and McSpadden has come up with some reinforcements, so perhaps the proposal will get a little further down the legislative road.
Sentencing: Texas Judges Call for Reducing Drug Possession Penal
Comment posted by Anonymous on Mon, 02/02/2009 - 8:06pmI was convicted in Harris County for Possession of a conntrolled substance in 1996. I can't believe the process that this took. I completed my felony probation and the case was closed. I had less than 1 gran of cocaine in my car that didn't belong to me. I don't think that its fair that I can't get a decent job now because of this. I do not hang around those kind of people any more and have not been in trouble since. The amount of money and time that is put into these sinple cases are clogging up the felony courts. In he meantime the "true" felons are getting away with crimes that deserve the prison space and time that simple crimes such as a posession charge are taking up. At present, the sentence is a state jail felony, there is wait time to get to the state jail, then you are let out on parole. This makes no sense when you think about how much all this costs. I do not thik George Bush considered this when he was governor and made his "lock em up and throw away the key" philosophy. He built all those prisons and couoldn't find the money to run them all. He thought he would make maney off the federal government by "housing inmates" more of your tax money going to failed programs. McSpadden is right in proposing this, and although I am a convicted felon speaking from first hand experience in Harris County criminal courts, I do agree with him. I have a different view on how the court system works and do respect the courts now. However in most states a simple act of possessing less than 1 gram is a misdameanor
sentencing
Comment posted by Anonymous on Wed, 04/15/2009 - 7:05pm5 years of documented sobriety (no drug use) and you can asked for your sentence to be "resolved". Like sealed.
I think this article is incorrect
Comment posted by Anonymous on Tue, 02/03/2009 - 10:49pmTo my knowledge possession of less than 2 ounces is a Class B misdemeanor as my police officer teacher says.
you are incorrect. less
Comment posted by Anonymous on Tue, 08/04/2009 - 6:04pmyou are incorrect. less than one gram of a controlled substance is a state jail felony in texas, punishable by 6 months to 2 years in state jail. believe me, we are living through the nightmare right now.
Comments
Comment posted by Annie Hammons on Tue, 07/14/2009 - 12:27amI strongly feel that we have to do something in our society to address this issue. We continue to allow drugs to sift into our society and then we are ruining these young kids lives when they experiment with them. My 19 year old son was arrested for possession of 1 pill. This is his first ever drug charge. He made a mistake but his entire life has been permantely effected by this mistake. He has a felony on his record preventing him from pursuing a career as a firefighter, x-ray tech, or airline mechanic the three top choices for his career. He was given a 5 year probation along with this felony that was not adjudicated. He has been sitting in jail for nearly 6 months because a judge decided he needed rehab although he was evaluated by a drug and alcohol rehab counselor and stated he did not have a drug problem that was severe enough to need rehab. He is waiting on a bed for a rehab facility and will have to do another 6 months in a rehab and then get out and do the 5 years probation but the maximum on this sentence is 2 years. This child's life has been totally turned upside down due to the possession of 1 pill. But we have pro ball players spending 24 days in jail for killing a child, what is wrong with our legal system?
< gram felonies need to stop
Comment posted by itsgottostop on Sun, 11/08/2009 - 1:09amWhen my daughter turned 18 she wanted to live on her own and was convinced she could do it by a 32 year old felon who had a background of drug abuse, as did his family. This man had her thinking he was the best thing that had ever happend to her. She let him drive her car, rented an apartment in her name, and many other stupid things. Making a long story short, she was stopped and there were drugs in the trunk of the car, "trace" of meth and some xanac, with all the other items that belonged to him. She spent two weeks in jail because I did not have the $1500 to bail her out. It was exactly one year from the day she was arrested to the day they indicted her. Since no one, not even our attorney, knew she had been indicted, her picture was in the local paper as one of the "10 most wanted" along with a murderer. She lost her job, had to give herself up, pay another $1500 in bond, and pay the attorney another $7500 (we had already paid him $1500 to get her car back (they wanted seize it) and $3000 to retain him) for him to go to court. The DA has offered her 10 years probabtion and she would keep the felony charges, but we said HELL NO, so we are paying another $4000 to go to trial. If she if found guilty of these charges she will be a felon for life! She will not have a chance to be a productive member of society because she was stupid at 18. She will not be able to vote, get help to go to college, become anything that requires a background check. I am a teacher and if it had not been for my parents she would be using a public defender and have no chance of a life. We still don't know what will happen because the DA will not back off. I hope he has a daughter that makes a stupid mistake at 18 and there is nothing he can do about it. I wish I knew how many kids this has happened to! How many of them are in jail because they couldn't pay the outrageous fines or couldn't keep up with probation because they either don't have a car, have to work, etc etc etc. We are just making a state of seasoned criminals by putting this non-violent young people in prison.












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Texas Judges
Comment posted by Anonymous on Tue, 01/27/2009 - 1:15pmCome on people. This is Texas were talking about. Conservative Captiol of the U.S. Saving money and jail space is a nice angle to try out but I doubt it will succeed at all. J. VELASCO Brownsville Texas.