Legal Question in Criminal Law in Texas

My son got arrested for a misdeamenor, posession of marijuana. It was not on him but in his car and no one admitted it was theirs so he got arrested since it was his car. He would like deferred adjudication. My question is does he need a lawyer to go to court with him or can he ask the judge for deferred adjudication and do judges give that without a lawyer?


Asked on 3/21/11, 7:30 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

It depends on the jurisdiction whether your son needs a lawyer to get deferred. I would strongly recommend that your son get a lawyer. It sounds like a pretty weak case for the state to prove possession. And, even if they can prove possession, your son might qualify to get a pre-trial diversion which would allow him to expunge his record in the future. A lawyer would be a good investment in this situation.

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Answered on 3/21/11, 11:26 am


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