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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11710
Experience:  Licensed Texas General Practice Attorney
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My 13 years son was issued a ticket from the school district

Customer Question

My 13 years son was issued a ticket from the school district officer for possesion of electronic device (IPod) transmission of certain visual material depicting a minor (A half naked teen girl) in a Texas middle school that he is attainding. The IPod was confiscated as evidence. It sounds like a class C misdemeanor. As a parent, I have to be in court with him.
He is a straight A student and have a perfect attending record. Will it be in his record for life? Do I need to seek a lawyer. How do I proceed this matter? Any legal advices would be greatly appreciated.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It won't be on his record for life, as it's something that can be "sealed". Note that this is not something that happens automatically. Texas does have a system called “Automatic Restriction of Access to Records," which automatically makes juvenile records harder to access once he turns 21, if he hasn't been convicted of anything else when he turns 17. But this does not seal his records. Most criminal justice agencies can still access these records, and use them against him if he is charged with a crime as an adult. Also, if he is convicted of, or placed on deferred adjudication for, a crime that is a Class B Misdemeanor or higher after turning 17, his records can be taken off of restricted access.

ScottyMacEsq :

Sealing would be a separate process.

ScottyMacEsq :

But they could be sealed, even if he were convicted.

ScottyMacEsq :

Now that being said, it could be in his record until he reaches majority, or could accidentally fall through the cracks (that has been known to happen) so that when a school, employer, landlord, etc... runs a background check, it's possible that this could come up (even though it shouldn't).

ScottyMacEsq :

I would suggest at least talking with a juvenile attorney in your area. That being said, you need to contact an attorney in your area that deals with juvenile cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Customer:

Thanks,

ScottyMacEsq :

Again, if worst comes to worst, this is something that won't haunt him the rest of his life, although you will need to be proactive once he reaches 17 to file that the records be sealed.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Thanks, XXXXX XXXXX need to seek a lawyer? Can lawyer help in this case?

ScottyMacEsq :

Like I said above, it would be best. A lawyer can view the evidence, the procedure, see if there was anything that this could get this dismissed procedurally, work out any deals with the prosecutor, and if it goes to trial, argue on behalf of your son (which would give him a better chance of success)

Customer:

How much is the lawyer fee?

ScottyMacEsq :

That really depends on the lawyer you get. Again, you should be able to find one that will give you a free consultation, as well as an expectation of the costs.

ScottyMacEsq :

For a misdemeanor case, they typically run $1000-$2000, but again, this can vary significantly...

Customer:

Do you have a list of attorneys in Houston that you would recommend?

ScottyMacEsq :

Unfortunately I cannot recommend any attorneys per the terms of service on this site (JustAnswer sees it as a liability issue). I would however suggest that you contact the Houston Bar Association, as they have a referral line to refer attorneys

Customer:

OK, thanks,

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

No

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11710
Experience: Licensed Texas General Practice Attorney
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