Legal Question in Criminal Law in Texas
My daughter was stopped in her car (for littering) in Austin and her car was searched by two Travis County deputies, without cause or warrant, during which the officers uncovered less than an ounce of marijuana...4 grams to be exact, according to one of the officers. She was NOT arrested but the police confiscated the marijuana, tooks lots of information from her, and Mirandized her on the spot. They also identified themselves as Travis County Sheriff Dept. Narcotics officers. As of now, they have not filed any charges against my daughter but are "holding" the marijuana to use as leverage to get her to expose other students in her student co-op on the U.T. campus. Here's the kicker: my daughter is a 2nd-year U.T. Law student, having just struggled her way through her first year! She told the officers this when they pulled her over. Now the police are using this as leverage against her -- the threat of ruining her legal career future -- so that they can, hopefully, advance their own arrest record! The police have been contacted but will not budge on the matter unless my daughter "gives up" somebody, even though there is no guarantee that they will clear her name if she were to do that. There would be no binding plea deal in effect in other words. I'd like to know what my daughter's options are. She has no record, no priors, was not arrested at the time of the stop, and was allowed by the police to go upon her way...in this case home to Florida for break before the U.t. Fall session. (She is staying with us now until her return to Texas.) I am aware of Texas's zero-tolerance laws against drug possesion/distribution even for the slightest infraction, and the state's tough policy against drugs. But this is an otherwise good kid who made a dumb mistake and now her legal career future is in the hands of a couple of narcs who could care less about "to protect and to serve" but more about "to arrest to make you serve...time, that is!" What are my daughter's options here? -- a concerned parent
2 Answers from Attorneys
Your daughter needs to hire an attorney.
I am certain that she is not the first law student with this problem. Cops don't like lawyers or law students.
Contact the state board of law examiners to find out if a conviction for this offense would affect her ability to obtain a law licenses in Texas. Possession of 0 to 2 oz of marijuana is only a class B misdemeanor.
She does need to hire an attorney. My suggestion that she contact her criminal law professor.
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