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17 Year Old Arrested with a Joint on an Elementary School Campus

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  • 05-29-2014, 09:14 PM
    txworriedmom
    17 Year Old Arrested with a Joint on an Elementary School Campus
    My question involves criminal law for the state of: Texas
    I have not spoken to my son yet. A policeman brought his bicycle to the house, told me my son was arrested on a elementary school campus tonite for having a joint in his pocket.
    My son is 17, has no previous record. The policeman said he would have to spend the night in jail because it's a felony because it was on a public school campus. He will supposedly see a judge in the morning.
    Because he is a minor and it is a small amount, is it possible he could get probation? or does the public school campus trump that? do I need to get an attorney?
    Please advise--I'm so worried
  • 05-29-2014, 09:16 PM
    jk
    Re: 17 Year Old Son Arrested with a Joint on a Elementary School Campus in Texas
    Quote:

    Quoting txworriedmom
    View Post
    do I need to get an attorney?

    do you need to get one? No., So far you haven't said you did anything wrong. Your son needs to get one though. A felony is nothing you want to play with at all regardless even if he would end up with only probation or such. He wants to avoid having a felony...period.
  • 05-30-2014, 05:32 AM
    Mr. Knowitall
    Re: 17 Year Old Arrested with a Joint on an Elementary School Campus
    Quote:

    Quoting txworriedmom
    View Post
    Because he is a minor and it is a small amount, is it possible he could get probation? or does the public school campus trump that?

    In Texas, at age 17, he's not going to juvenile court. He will be prosecuted as an adult. Yes, he should have a lawyer.

    The number one thing his lawyer would presumably try to do is to have the charge reduced, despite his being caught on an elementary school campus. You haven't shared with us any facts about the detention, search and arrest; your son's lawyer will want to review those facts to see if there are any potential defenses based upon what happened leading up to the arrest and detection of the drugs.
  • 05-30-2014, 05:45 AM
    Disagreeable
    Re: 17 Year Old Arrested with a Joint on an Elementary School Campus
    With a lawyer, he has a good chance to obtain a reduced or deferred charge. Even though it was a school zone, it seems clear it was for his personal use and not during school hours.
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