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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23192
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My 16 year old son got a citation for possession of drug

Customer Question

My 16 year old son got a citation for possession of drug paraphernalia. He had his prescription medication at school for an ankle fracture and a rolled up almost empty bag with a very small amount of marijuana. The school called the sheriff's dept and searched his backpack after someone saw his prescription bottle. We have a court date this Tuesday. He was in trouble a year ago for possession of less then 1gram (or whatever the amt was). He got deferrred judication for 6 months. He completed all the requirements and was released in June 2016. Should we get an attorney before our court date and are we eligible for a public defender? Could this offense result in juvenile detention time served? What else do I need to know. I don't know anything about any of this.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Sorry. Texas. He was suspended for a day and given DAEP for 60 days. The citation was issued by the Sheriff's dept of our county
JA: Have you talked to a lawyer yet?
Customer: NO. I really wasnt sure since we were just given a"ticket" what I was dealing with. I read the paperwork more thoroughly and just looked it up and now I am more concerned
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am not sure what else they need to know
Submitted: 19 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 18 days ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 18 days ago.

It is always best that any defendant facing criminal charges do so with a lawyer. In the case of a young person whose entire future is still before him, it's especially important. Criminal cases can have lifetime consequences, and if the case isn't handled correctly mistakes can potentially harm him personally and professionally down the road.

As he is a juvenile and you can afford a lawyer, although he could ask the court for a public defender, many judges would require the juvenile's parents to pay for the lawyer. It all can depend upon how many juvenile public defenders are available in the county. If they are few in numbers and you can afford an attorney, your chances of his getting one are low.

While this time around the judge could result in detention and time served, if he was not already sitting in detention now, it's unlikely that he will be put into detention later.

Expert:  Zoey_ JD replied 17 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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