Legal Question in Criminal Law in Texas
My son recieved a ticket for possesion of marijuana in his college town. He was 17 at the time and the officer called me and said him and some guys from the dorm were in the car and he saw a stem and was ticketing everyone. They have transferred his ticket back to our hometown and I recieved a letter from probation office. I called them and they said that they want to give him 3 mos probation. I asked if this would stay on his record and they said yes, his juvenile record... I am concerned about this. Is this a misdemeanor? What do I do?
1 Answer from Attorneys
I would recommend your hire an attorney.
First of all, one who commits a crime at 17 is a legal adult and not a juvenile.
You state you received a letter from the probation office, the adult probation office?
Ordinarily you do not call the probation office about a plea offer. You do not call and they make a recommendation to someone, that is the job, usually of the County Attorneys Office or District Attorneys Office.
Apparently it is a misdemeanor, or he would not be offered 3 months probation.
Also, one cannot have a crime transferred from the town where it occurred to your hometown in the facts circumstances you have outlined.
However, I do not know what the charge is as you have not told me what the charge is; that is for what amount of marijuana.
I am always careful in dealing with very young persons cases. First, there whole life is in front of them. Second, they may want to get a job which requires a state license or a background check and they will be excluded from the job. Third, their criminal record is examined if they want to go to professional school. Fourth, with the advent of computerization and data bases, this case will be with his the rest of his life.
So I would recommend that you hire an attorney, and if he cannot afford an attorney then ask the court to appoint one for him.
This is particularly true here, because you imply your son is innocent.
Also, if you or your son do not hire an attorney, please at least, get a second legal opinion.
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