Legal Question in Criminal Law in Texas

My 22 yr old pregnant daughter, bought her 20 yr old sister a alcoholic beverage and give it to her in the ladies room of a public event in down town Houston, Texas. When they walked out of the bathroom, they were stopped. Just before they walked out of the public restrooms, my 20yr handed it to her friend. They were stopped by the police. The 20 yr old friend got a MIP ticket and my older daughter got a ticket as well. The older daughter has never been in trouble before. What can I do?


Asked on 4/20/11, 6:58 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Your younger daughter's MIP is a class C misdemeanor punishable by a fine only. That said, she will want to get deferred prosecution or disposition in order to keep a final conviction off of her record. She should be able to request this of, and receive it from, the court.

Your older daughter's charge is more serious. It is a Class A misdemeanor punishable by up to 1 year in jail and a $4,000 fine. She will need a lawyer. Depending on the county in which it is being prosecuted, the lawyer may be abe to simply get the case dismissed (because they are sisters - this is not a defense but . . .) If not, then perhaps a pretrial diversion can be obtained. This is a contract in which the defendant does what is like probation - report, community service, take an alcohol awareness class - then the case is dismissed. She is later able to expunge it from her record (in most counties. Some counties will not agree to an expunction in this situation and even include this in their contract.) If they will not give her PTD, the next best thing is deferred adjudicatio probation - which stays on her record. She can later file for nondisclosure to seal the record but it only seals it from some people, not all.

Bottom line is that the older daughter needs a lawyer.

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Answered on 4/20/11, 9:36 am


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