Legal Question in Criminal Law in Texas

My fiance was arrested and charged with a class c misdemeanor for possession of marijuanan of less than 2 ounces. I bailed him out and a court date was set. The day before he was scheduled to appear he was send off shore by his current employer. In order to avoid a "failure to appear" I called the court clerk and requested that the court date be reset. She was completely rude, refused to reset the dae, and hung up on me before i could ask any further questions. This morning (his scheduled court date) I went to the court house in hopes of speaking with the judge on my fiances behalf. The judge refused to speak with me and forfeited my fiance's bond. The question is what do I do now? My fiance may be at sea for several months. I would just like to pay the fine, but I was informed that a fine will not be determined until my fiance sees the judge.


Asked on 9/22/09, 3:28 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Possession of 2 ounces or less is a class B misdemeanor. The offense involves a maximum fine of up to $2000 as well as a potential jail time of up to 180 days.

Court clerks will only talk to attorneys. You need to hire a criminal defense attorney to negotiate a plea bargain for your fiance. You will need some written evidence when he was sent offshore by his employer. Provide it to the attorney so he can show the DA why your fiance could not come to court. The lawyer should be able to work out a plea bargain with the DA and arrange for you fiance to come to court to get it all worked out.

Good Luck!

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Answered on 9/27/09, 7:12 pm


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