Legal Question in Criminal Law in Texas

My kids father is a felon. He got pulled over a couple yrs ago and they found a pill in his car that wasnt his. There is a girl that likes him that is under age that he told to stop texting his phone, so she called the cops and told them he shot a pig that was in the paper for a 1000 dollar awared that he did not shoot. He got charged with a dwi and a felon with a firearm. He has a perscription for the meds he was on that got his dwi but hes meds was not on him and he works for a farmer witch is why he had the gun in his truck. If he has the proof for the perscription and a wavier signed from the farmer he workes for could he get the charges droped and his probation extended or will he still get sent off/


Asked on 1/31/11, 7:29 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Your posting is very confusing so I will guess as to what you are asking, and make assumptions that I will mention as I post.

I do not know what he is on probation for so whether he can get his probation continued and possibly extended depends on many circumstances. Just so you know, he could actually be found not guilty and still have his probation revoked because the burden of proof is not as high on a revocation as on a conviction.

If the DWI is because of prescription meds, it does not matter whether or not he had a prescription. One cannot drive around high on meds just because one has a prescription.

If he is charged with possessing the drugs, if he produces a prescription then the possession charge can likely be dismissed. (They would have a hard time showing that he possessed the drugs - depending on where the pill was found in the car. Anybody could have dropped it who rode in the car.)

It does not matter who he works for - if he is a felony he cannot possess a firearm. He could even be prosecuted by the feds for this offense.

If I have not answered your question, try re-posting with more details to see if it can be properly answered.

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Answered on 2/18/11, 5:57 pm


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