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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13895
Experience:  Experienced in multiple areas of the law.
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My 16 year old daughter got busted in Schertz Texas (outside

Customer Question

My 16 year old daughter got busted in Schertz Texas (outside San Antonio) with 2 grams of marijuana. She was not under the influence they let her call us and then gave her a ticket and let her go. She is going to court today just trying to get an idea of what might happen. Should she plead guilty, not guilty, no contest?
JA: Was this a first-time offense, or is there a record of criminal activity?
Customer: Yes - no record
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 2 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 2 months ago.

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.

Customer: replied 2 months ago.
Thank you will they ask her where she got the marijuana from?
Expert:  RobertJDFL replied 2 months ago.

No, they will not.

Customer: replied 2 months ago.
Another thing she wasn't under the influence when stopped. Since she was only 16 she was able to call us and we talked to the policeman and gave us the option to arrest her or let her come home and of course we choose letting her come home. So she got a ticket for $750. I am leaning toward just doing a no contest and being done with it and getting her sentence rather than prolonging it unless you think we should hire an attorney?
Expert:  RobertJDFL replied 2 months ago.

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.

Expert:  RobertJDFL replied 2 months ago.

Please let me know if I can clarify any information or provide you with more information. If I have fully answered your question, I would ask that you kindly remember to leave a positive rating for me by clicking on the stars at the top of the page so I am credited for my time and assistance. Thank you.

Expert:  RobertJDFL replied 2 months ago.

Was there any additional information or clarification I could provide you about this matter?