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A friend of mines child took marijuana from her and

attempted to sell it at...
A friend of mines child took marijuana from her and attempted to sell it at school. When he was caught he told the officers he got it from his mother. Just looking for a reference point this was in Lubbock Texas
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of thank you
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Answered in 6 minutes by:
11/18/2017
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,367
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Was the mother charged with an offense? What is your question about this?

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Customer reply replied 27 days ago
She hasn’t been charged with an offense yet I guess my question is could she be charged?
What kind’ve reprocussions could she face?
The child informed me he was not read his Miranda rights.

How old is the child?

Assuming the child was telling the truth the child's offense is more serious than the mother's. He was selling at school. She was just in possession. The state might find it difficult to meet their burden of proof beyond a reasonable doubt that the mother was in possession.

If the police reach out to the mother, she should not speak to them about this incident unless she does so with a lawyer. What she says can be used against him. All the police have now is the word of a kid charged with a sale. That may not be enough to charge her.

If the mother were to confess, however, she would be charged. She has no obligation to talk to the police, and it would be a good idea for her to get the name of and consult with a local criminal lawyer, just in case. If she doesn't need one for herself, she will for her child.

My guess is she may have more to worry about from Child Services than from the police right now, because if the child is alleging that his mother is using marijuana and the child both knows it and has access to it, the police/prosecutor could notify CPS.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,367
Experience: Active member of the NYS bar since 1989
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Customer reply replied 27 days ago
He’s 12 years old

Is the child still at home? Or is he being held by the authorities?

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Zoey, JD
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