Criminal Law Questions? Ask a Criminal Lawyer.
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Good morning,Possession of less than 4 ounces (which this is) is still a Class B misdemeanor under Texas law. Theoretically, under the law, your daughter could get up to 1 year in a juvenile detention facility, and/or have to pay a fine up to $4,000, plus have her license suspended.Because it is a first offense, and she has no record, a court may be willing to offer her diversion/deferred judgment - where if she completes the probation terms set out by the court (which can include things like staying out of trouble, drug treatment classes, random drug testing, community service, etc) the conviction will be dismissed.I would not suggest anyone simply plead guilty in court without speaking with a criminal defense attorney. The state still has the burden of proving her guilt, and she can always file a motion to change her plea later on. A no-contest plea is still a guilty plea, the only difference is that a person is neither admitting or denying that they did what they are accused of. Your daughter should consider pleading not guilty (the court will just set the case out for a later date) and then consult with a criminal defense attorney. Many, if not most, offer free or low cost consultations with no obligation.
No, they will not.
I think you should at least consult with an attorney. It's a misdemeanor. Paying the ticket would be an admission of guilt and leave her with a criminal record. Even a no contest plea is still a conviction, even though a person doesn't admit guilt. Ideally, a court will grant her diversion/deferred judgment (same thing, different states and different courts call them various things) which would although require her to plead guilty, withhold the conviction and upon completion of the terms set out by the court, result in the conviction being dismissed. But the court isn't obligated to grant that (even though it's likely for a first offender) and if she just shows up and pleads to it a judge could give her a straight sentence.
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