Legal Question in Juvenile Dependency in Texas

My son was charged with trying to sell a stolen hunting rifle. They showed up at our house in the middle of the night with a "felony warrent" for his arrest. They had five police cars. They asked if they could come in. I said that I would rather they not. They put my son in cuffs and put him into a car. The police asked me who else was in the house I did not know who was in my sons room as he has friends stay over regularly. I went into his room and he had two friends there I told them to get up and tell the police who they were we went into the other room and the police were in my house. One of them said he smelled marajuana. then they cuffed both of those boys and told me that if i didnt consent to them searching the house they would wake up a judge and call CPS for my 8 year old and perhaps arrest me to if they found anything. After that I did sign a paper that they could search my sons room. they found what they called distribution sacks of the drug. My son was not charged with the drugs his two friends were but they did a drug test on him in juvenile and are now saying that he needs to go to a long term drug rehab? The court appointed a lawyer to him but he was on vacation last week (this happened on 12/31/09) and in jury trial all this week. My son goes back before the judge tommorow he just spoke to his attorney today, I have not spoken to the attorny at all. They did not tell me of his court date until this afternoon, I was led to beleave that it would be Tuesday because of the holiday. This occured in Palestine Texas, Anderson County. My son is 16 years old, his friends are both 17. Is there anything I can do to keep him from having to go to rehab and staying in the system? Do I have any rights here? I want to protect my son from being railroaded.


Asked on 1/14/10, 5:09 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

The best thing that you can do is tell the story you detailed in your question to your son's attorney.

As a criminal defense lawyer I understand when a family member (especially a mother) wants to be involved with the case, but beware that too much involvement can slow down your son's attorney and keep the attorney from focusing on what needs to be focused on.

The best way (in my opinion) to tell your son's lawyer about all of the inappropriate actions of the police would be to write the story and give it to the lawyer (by mail or e-mail).

Good Luck!

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Answered on 1/22/10, 10:38 pm


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