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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27749
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is 17 years old and has been arrested for posessionn

Customer Question

My son is 17 years old and has been arrested for posessionn of marijuana. We live in Texas and I am not familiar with the process. We bailed him out and so his court date is on Monday, May 15, 2017. Should I get an attorney?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Texas state and it happened on 5/08/2017
JA: Have you talked to a lawyer yet?
Customer: No. Not yet. Should I get one?
JA: Anything else you want the lawyer to know before I connect you?
Customer: My son has Asperberfer syndrome and HDHD
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

Expert:  Zoey_ JD replied 5 months ago.

Possession of up to two ounces of marijuana, on a first Texas offense is a misdemeanor. It has a maximum possible penalty 180 days in jail and/or a $2,000 fine.

Typically, a first offender would be eligible for a diversion or deferred disposition whereby he would serve a period of community supervision, pay fines, do some community service, and stay out of any further problems with the law. After he does all of that successfully, the judge would dismiss the charges and he could then get all records of this case expunged or sealed.

Your son is a juvenile, so his case will likely be disposed of informally. That is he won't need to come before a judge. He'll be steered right into a diversion program.

If that turns out not to be the case and the DA wants him to see the judge, when he's arraigned on the charges, he should plead not guilty. And then he could ask for a new date to come back with a lawyer who could work out something to keep this matter off of his record.

Expert:  Zoey_ JD replied 5 months 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.