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  1. #1
    Join Date
    Oct 2015
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    3

    Question Citation for Possession of Weed at Age 17

    My question involves juvenile law in the State of: Texas

    Hello, I'm new to this forum so I'm not quite sure if I'm posting in the right thread. I recently got in trouble with the law for drug procession – at least that's what my citation says. So here's what happened: I was with my friends (it was a guy and a girl and they are a couple of months younger than me. I'm 17, they're 16...If that matters.) and we had just finished smoking weed in the car at 1 in the morning while we were parked in a neighborhood, when a cop pulled over. I obviously had to put down the window when he came which gave it away that we were smoking due to the smell. He made us all get out of the car and padded us down. He then checked the car and found my grinder and piece but luckily we basically had no weed left over. We had only had less than .1 grams (probably even less) of weed in the grinder and nothing on the piece. The officer asked me if I had had more to which I said that all that's there is all there is, which I don't know if it was right or not, I just said that because I know that "everything that you say can and will be used against you" so I didn't want to admit to having had more weed before we got pulled over. The officer didn't really ask much other than who the stuff belonged too which I admitted to it belonging to me. He didn't ask much more, not even if we were high or if we had been smoking. I got a class C citation for drug procession and have court next month. I have a couple of questions:

    - Will this stay in my permanent record even after I turn 18 and if yes, is there something I can do to like expunge it?
    - What should I do when I go to court? Should I plead guilty? What can I do to lower my punishment?

    I don't know if this matters but I don't have any criminal history.

    Thank you.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Citation for Possession of Weed

    If you are under 18 and the course is heard in juvenile court it will be automatically sealed. If you are heard in adult court, you can expunge it after two years if you don't have other criminal issues in the mean time.

    Your best bet would be to get an attorney and work on a deferred adjudication.

    If you knew "everything you said could be used against you" why the hell didn't you remain silent?

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Citation for Possession of Weed

    Texas has a process of automatically restricting access to juvenile records once you reach the age of 21, but if you want your records sealed you actually have to bring a motion before the court. With automatic restriction, law enforcement agencies have access to the record and certain adult offenses can cause the restriction to be removed. The question here is moot, however, as if you are above the age of 17 when you commit a crime in Texas, you will be charged as an adult.

    As you are charged with a class C misdemeanor, if you receive a deferred sentence you can petition for expungement after you successfully complete the deferred sentence.

  4. #4
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Citation for Possession of Weed

    ... and we had just finished smoking weed in the car at 1 in the morning while we were parked in a neighborhood...
    Don't kids watch Cops anymore?

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Citation for Possession of Weed

    Quote Quoting flyingron
    View Post
    If you are under 18 and the course is heard in juvenile court it will be automatically sealed. If you are heard in adult court, you can expunge it after two years if you don't have other criminal issues in the mean time.

    Your best bet would be to get an attorney and work on a deferred adjudication.

    If you knew "everything you said could be used against you" why the hell didn't you remain silent?
    Sometimes people get nervous or antsy,shoot themselves in the foot.


    Like the other person said,see if you can get adjudication withheld and expunge the charge in the future. If you are charged in juvi court,then it can be sealed also.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Citation for Possession of Weed

    Quote Quoting tc498
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    Like the other person said,see if you can get adjudication withheld and expunge the charge in the future. If you are charged in juvi court,then it can be sealed also.
    I believe I gave the CORRECT information. Yours isn't exactly correct. If he's under 18 when he committed the offense and heard in Juvi court, it's AUTOMATICALLY sealed.
    If he's under 18 and tried in adult court, it can be expunged (deferred adjudication or not) after two years.

    As I stated, a deferred adjudication is still preferable to getting convicted at all.

  7. #7
    Join Date
    Oct 2015
    Posts
    3

    Default Re: Citation for Possession of Weed

    Thank you all for your answers. And yes, I did shoot myself in the foot.

    I have another question: Should I at least get a public defender? Or would that be of no use?

  8. #8
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Citation for Possession of Weed

    Plead not guilty and ask if your able to get one. Also I would see if you could get this dropped outright or reduced to a non drug charge,it's probably a long shot though.

  9. #9
    Join Date
    Oct 2015
    Posts
    3

    Default Re: Citation for Possession of Weed

    Thanks, I still got about two weeks before I have court. I think I'm going to look for a public defender and see what they suggest I do. I just want to void having a bad record and I also want to try to avoid any charges.

  10. #10
    Join Date
    Feb 2014
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    Default Re: Citation for Possession of Weed

    Quote Quoting the_law
    View Post
    Thanks, I still got about two weeks before I have court. I think I'm going to look for a public defender and see what they suggest I do. I just want to void having a bad record and I also want to try to avoid any charges.
    That's not how it works. IF (and only IF) your parents/yourself cannot afford to pay your attorney will you be furnished with a public defender. That is determined by the court, not you, and they will appoint the attorney, you won't have a choice.

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