Legal Question in Criminal Law in Texas

Selling Alcohol to a minor

My daughter worked at a tobacco and beer mart. A ''sting'' was made in August this year where she worked. She sold beer to a minor and she was given a ticket and told that she would be summoned. She went to court yesterday and they processed her and she appeared before the judge. She wanted to give her a full conviction, but the DA convinced her she was not a criminal. There was not a court appointed attorney available this particular day. The judge ordered that my daughter take a drug test right there. Is this legal? Unfortunately, after 3 years of not smoking marijuana, her best friend was killed in a car wreck and she has been depressed and she tested positive, the Judge told her to come back to court in Jan to be tested again and they will have a court appointed attorney there for her. The Judge kept telling her how serious the crime is and that she better not get caught partying with a minor during the holidays or she will go straight to jail. I feel like they are out to get her because she had a marijuana charge 3 years ago. My daughter has a good job now for 2 months and has been trying to lead a good life. I am scared the Judge will send her to jail. Where should we go from here?


Asked on 12/04/05, 1:51 am

3 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Selling Alcohol to a minor

Hire an attorney for your daughter. Don't make excuses for her smoking MJ. The judge could have put her in jail for a positive test.

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Answered on 12/04/05, 11:34 am
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Selling Alcohol to a minor

First, you should take this very serious because your daughter is facing a penalty range up to a year in jail and a four thousand dollar fine.

Now the conditions the judge has her taking drug tests are legal. If he or she wanted they could have her coming to court or a probation department every week to give a urine sample.

Even though this was a sting operation you may still have defenses that can keep her from being convicted.

If you have any further questions feel free to contact my office.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

TylerJustice.com

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Answered on 12/04/05, 5:33 pm

Re: Selling Alcohol to a minor

This is a serious matter and you need to convey this to your daughter. The conditions the judge put on your daughter are proper, it does nto seem she is out to get her but she is trying to instill ther seriousness of the matter. She could have imposed stricter conditions.

A positive note out of this, is they are able to take the first drug test and a subsequent test will show less drugs in her system, if she obeys the judges order.

What court are you in? When is the next appearance?

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Answered on 12/07/05, 7:52 am


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