my son was charged with a DWI for the first time in Texas. He is waiting to appear before the judge to let him know what he is going to plea which he will problably take the DA's plea and receive probation. This takes place in 2 weeks. In the mean time he ran out of gas and left his truck in the middle of the road. When he go back with his Dad there were police all over the truck and found less than 2 ounces of marijuana under his seat. The officer said that my will be charged and let him go home with his Dad. Two days latter my son call the police station to see if there were any outstanding tickets he needed to take care of and they told him no. My son then forgot about it untill a month later the police are banging on his front door for a warrent for his arrest. When I got him out of jail the paper said charged with class b misdemeanor for possion of marijuana. This all happend in the state of Texas. How will all this affect him and his future and also how will it affect his current charge of DWI in Texas?
Hello, so your son has multiple issues in place.
He is awaiting to see what the DA is going to offer for the DWI he was charged with, and now he has a charge of POM misdemeanor.
Is that correct?
Are you available to chat?
yes Class B misemeanor. When this all happened the police just told him he was going to be charged and that was it. My son said he never signed anything or received a ticket.
The police then let him go home with his Dad
Ok I understand. First I would represent that it could effect the DA's offer as far as what they are willing to allow him to do with regard to the DWI and probation. Now that he has 2 pending charges, they may ask him to plead to one, and drop the other.
Give me just a moment, I will be right back!
Ok, I will also represent that the decision of what kind of plea offer to is up to the discretion of the prosecutor, and it is best in these situations to have an experienced criminal defense attorney represent him to get him the best possible deal. If he can not afford an attorney the court will appoint him one free of charge, and the state will pay him. Public defenders often have the best relationships with the prosecutors because they deal with them the most often.
Therefore, the answer to your question is that the prosecutor has the discretion to consolidate these charges together, or treat them just as they are, as two separate offenses.
Thereby, allowing the probation on the DWI and allowing the diversion, and making an offer on the misdemeanor POM charge.
Does this answer your questions? Do you have others?
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yes..so you think it is possible they will consolidate the charges maybe because it is a first time ? Also why do you think they did not arrest him that night regarding the POM and just let him go with his Dad.
It is bizarre that they did not arrest him, in that situation they usually arrest even though it is a misdemeanor, and you have to bond out. But yes it is up to the discretion of the prosecutor of whether or not to consolidate, but it is possible that the prosecutor will not because they are two unrelated incidents.
If they do not consolidate do you think that the POM will affect his probation for the DWI that he has yet to do?
It should not, considering he has not started, or entered that arrangement with the court therefore, it can not be deemed a violation of a probation that does not exist.
Do you have any other questions?
ok....thank you so much for your time. You have truly helped answer my questions and helped me understand.
Great, I am glad you allowed me to help! Please provide a positive rating at this time!
Good luck to you and your son!
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I have multiple years experience prosecuting and defending clients.
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