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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25945
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son arrested pot in jail can't give advice seeing judge

Customer Question

My son arrested for 2oz pot in jail can't give advice seeing judge today what should I do
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.


How old is your son? Has he had any prior contact with the law?

Customer: replied 10 months ago.
20. Never been in any trouble.... I'm afraid he'll just plead guilty as he's very honest but I can't talk with him to advise anything is there anything I can do prior to him seeing the judge
Customer: replied 10 months ago.
Or should do
Expert:  Zoey_ JD replied 10 months ago.

Possession of 2 ounces or less of marijuana in the state of Texas would constitute a Class B misdmeanor. The maximum penalty for such an offense would be 180 days of jail and/or a fine of up to $2,000.

If he sees the judge today that should be for a bail determination. He may be released depending upon his record and other considerations, such as whether the judge feels he'll be a flight risk. Typically, when a defendant comes through the system as a jail case, the court has a public defender assigned who will stand up with him before the judge and who will make sure he will keep his rights open by entering an initial plea of not guilty.

After today, if he is not released, you can bail him out, so you may want to go to court and be prepared to do that once bail's established. Apart from bailing him out if he's not released on his own recognizance, making sure he has representation is what's in his best interest.

Customer: replied 10 months ago.
nothing to do until he has a bail or released....are the methods to get this dismissed or keep off record
Customer: replied 10 months ago.
Expert:  Zoey_ JD replied 10 months ago.

I'm sorry for the delay. I uploaded an answer a while ago, but for some reason it did not go through.

You're not going to be able to see and speak to your son before he comes before the court. Only a lawyer can do that. You can, however, go to court and be ready to either post bail or take him home. You may also be able to speak to the lawyer who will stand up on his case. The clerk of the court will generally be able to give you a rough estimate of when he'll be brought before the judge.

An outright dismissal today would be highly unusual. And, in fact, an outright dismissal means that something is very wrong with the state's case, and it's never a typical outcome of a criminal proceeding.

However, even if there is no lawful basis to get an outright dismissal, the state of Texas does have special programs where a first non-violent offender can work the case off of his record. These are diversions/deferred adjudications. They consist of community supervision, fines, community service and anti-drug classes or counseling. THe defendant would have to stay out of trouble for the supervisory period and refrain from using illicit substances. If he does everything successfully, his conviction would be dismissed and he could honestly say he has no criminal convictions on his record.

Programs like this are at the discretion of the DA, but they are typically offered to first possessory marijuana offenders. The odds of his being able to walk away without a conviction are fairly good.