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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23592
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My 17 Year old Daughter had her vehicle searched at school

Customer Question

My 17 Year old Daughter had her vehicle searched at school during a random search and they found two white pills they clain are meth in the door. She is a great kid, #4 in her class, well manners, no previous issues. As parents we forbid drugs and had no issues with her 19 year old sister. The school suspended her for two days pending labs. She total denies knowing anything about the drugs. The truck is not hers alone and gets used by several of us. She immediately demanded we give her a drug test which we did and wants to do a lie test.

We are meeting with the school with the results of the test tomorrow.

What doi we need to know, and what do we need to do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

Thank you for your question.

I cannot blame you at all for wanting to do all you can to help your daughter. But she is old enough to be charged and prosecuted as an adult in the state of Texas, where possession of meth is a felony.

I understand that she has not been charged yet. I can also see that the results of her drug test and polygraph are likely to be negative. But neither of these results would be fully excupatory. And the school is likely to turn the matter over to the DA, and they would probably be inclined to prosecute.

As anything she says or does at the school hearing can be potentially used against her in criminal court, it is unwise for her to discuss this matter with anyone at all unless she has a lawyer with her. I realize you probably think that she will say nothing at the hearing that could possibly hurt her. Unfortunately, that's a common error made by people who don't know enough criminal law to spot what can or can't come back to kick you between the eyes.

Please find her a criminal lawyer to discuss this with fully and confidentially before she talks to anyone further about this. If he thinks it is necessary that talk to the school authorities,he will want to be with her to protect all of her rights.

Edited by FranL on 2/1/2011 at 12:54 AM EST