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N Cal Attorney
N Cal Attorney, Lawyer
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My 16 year old was picked up by the police. They followed

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My 16 year old was picked up by the police. They followed him while he was driving until he pulled into his friends yard. They told him he made an illegal turn. They searched his car and found marijuana. They did not read him his rights and detained him until they could reach me. I was told when I picked him up that the juvenile probation dept would contact me. Was he arrested? Will he go to court? We live in Texas
Submitted: 3 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 3 years ago.
I'm sorry to hear this.

Was he taken from his friend's yard to a police station?
Customer: replied 3 years ago.
yes
Expert:  N Cal Attorney replied 3 years ago.
OK, then he was in fact arrested whether they said so or not. Whether he goes to court or not is up to the DA. There is an issue as to the legality of the search. There was no evidence to be found of an illegal left turn, for which most people would have been cited and released on the scene without having their vehicle searched.

You can get a free consultation from some of the Texas criminal defense lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/Texas

I hope this information is helpful.
Customer: replied 3 years ago.
They said that the incident was taped. Can I view the tape
Customer: replied 3 years ago.
Can they assign probation without going to court?
Expert:  N Cal Attorney replied 3 years ago.
If they file charges then his attorney could subpoena the tape. If they do not file charges, the tape is probably not obtainable unless he sues the police for false arrest and subpoenas the tape in that action.

You could request the tapes under the TPIA but police investigative files might be exempt from disclosure without a subpoena, see
http://sunshinereview.org/index.php/Texas_Public_Information_Act
A local attorney would know that but I admit I do not. I know the federal FOIA has such an exception, so I have to assume the Texas TPIA might also.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8233
Experience: Since 1983
N Cal Attorney and 4 other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 3 years ago.
* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. The judge can also waive all fines.

From
http://norml.org/index.cfm?wtm_view=&Group_ID=4566

I'm not sure if there is any kind of pretrial diversion program available, that varies from county to county. A local attorney would know that.
Expert:  N Cal Attorney replied 3 years ago.
Thank you for accepting my answer.

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