Since OP anticipates future dealings with the Waco justice system, it would be advisable to retain a Waco attorney now while she has plenty of time to do so. Perhaps a local will be helpful in dealing with probation complications, should they arise.
Was the original charge a felony or a misdemeanor? If it was a misdemeanor I probably would’ve leaned towards S’s preference of just taking the hit given that it seems pretty likely that he’ll use weed sometime in the next 12 months and violate his parole.
Can you even get hit with an upgraded charge (beyond the original charge) for violating parole? Legally, is that a thing? That just sounds all kinds of wrong.
Regardless, I sincerely hope OP can get her S into therapy and under care of a psychiatrist so he can find other ways to handle his anxiety during his probation.
There are several informative articles online about probation violations and it’s consequences in Texas. The standard of proof is different, the evidence rules are different, the procedure is different. I suggest careful research
@Emsmom1 The others were not charged because my son claimed the pot was his. He did not know to say nothing and he thought by being forthcoming would help. It turns out that in Texas, they presume drugs in a car belong to the owner of the car and as the car was my son’s, he would have been blamed anyhow. He had no idea of that though. He was just shaking in his boots and coming clean.
Turns out that was another error because technically, my husband owns the car. If no one had claimed ownership, who knows what the outcome would have been? They could have denied knowing it was there. The initial stop was for speeding-but only like 7 miles over the speed limit in a zone where the speed had just been reduced. One of the friends had been driving. He was ultimately only given a warning. There could have been plenty of outs butt DS was not schooled in how to interact with police and as this was his firsst police encounter, had a lot of inexperience.
It is a silver lining to know he needs some help dealing w his anxiety. Hopefully, he will be willing to consider taking some steps. One day at a time…
Well, @grandscheme 's S has no choice but to comply with what this judge has decided.
But IMSNHO the judge is totally full of it. To be coming down on people for possession of a joint in this day and age–and bear in mind that he was not DUI, he wasn’t even driving–is ludicrous.
This kind of BS is one of the reasons why jails are full of people who shouldn’t be there and people’s lives are blighted by conviction for things that shouldn’t even be a crime.
Certainly, it sounds as if the OP’s S needs counseling and probably medication. The idea that smoking some pot to self-medicate is somehow some kind of evil act and taking a prescription drug like Ativan which may be physically addicting is just A-OK is unspeakably foolish. But apparently that is what he is going to have to do if he wants to stay out of jail. Good luck, OP.
Let’s imagine that instead of anxiety the S suffers from chronic pain, and uses pot to ease it. This is the equivalent of throwing him in jail for that, and requiring as a condition of parole that he start taking highly addictive opioids instead.
Oh, but those are LEGAL. Yeah, right.
The one good thing to emerge from this is that the OP now has a much better idea of what is troubling her S, and there is some hope that having brought it out into the open he may accept help in dealing with it.
BTW, the presumption that any drugs in a car belong to the owner sounds like “adverse possession.” According to my understanding, it was originally promulgated to get people running drug shipments up highway corridors like I-95. Of course, various jurisdictions in Texas and elsewhere have also found it to be a nice profit center in that they have been able to seize cars, cash, and even houses, some from innocent people, and sell them. There have been some gross miscarriages of justice.
@Consolation You echo many of my and certainly my son’s sentiments. He is so angry to feel pressure to take a prescription drug like Ativan which can be problematic. He has a cousin and an uncle addicted to Xanax (I don’t know if actually addicted but I know whatever it is, it bothers him and he does not want that for himself).
I think the judge was willing to go easy on him initially-he could have taken the probation for a year and then had the charges dismissed and subsequently, no record. The judge cannot lower a sentence and in Texas, it is a mandatory 3 day minimum for marijuana, but he can dismiss charges altogether. Judge reacted to the continued use. I don’t know that he would have offered any leniency if he knew it was being used to medicate anxiety. There would have been no grounds and he did not seem to be the coddling type.
I have empathy for those who are using marijuana for medicinal purposes, whether for cancer or pain or seizures or anxiety or whatever. Why would we not support the use of the lesser of many evils?
"The idea that smoking some pot to self-medicate is somehow some kind of evil act and taking a prescription drug like Ativan which may be physically addicting is just A-OK is unspeakably foolish. "
I don’t personally use weed but have to agree with this.
The other stupid thing is there are plenty of drugs - prescription and otherwise - that are much, much more of an issue than weed but don’t stay in your bloodstream anywhere as near as long. Stupid punishments like this make those substances more attractive to people looking for a high that is less likely to show up in testing. Policies should be chosen looking at the potential unexpected consequences.
Well, the experience also serves as a warning to others. Some state and local jurisdictions have decriminalized pot, while others, including the federal government, have not. Thus the need to be aware of one’s surroundings, particularly in evolving areas of law such as this. While I would prefer a national approach to the issue, we don’t have one, so do not assume that the relaxed policy of one place will carry over to another.
There are other Rx than Ativan for anxiety. I believe Ativan is only meant for relatively short term use, while a person explores and hopefully gains some control over the issues (or at least, some initial knowledge of triggers. and learns some responses.)
Bottom line is, you really need a psychiatrist to work with a patient on this. Some meds aren’t the desired help. With others, there can be side effects after some use, tweaking is often needed, and, of course, the oversight of a pro. I advocate the psychaitrist so you’re working with one doc (not a psychologist and an MD.) Simplifies. And you need the doc a person clicks with, which isn’t always the first one or two you try.
One daughter is dealing with a resurgence of anxiety.
I want to commend @grandscheme for being so open about this sensitive and very personal issue that she has had to deal with. I shared her initial post with my adult kids and have had more than a couple discussions within our family about the many different aspects of this story - about dealing with the awkward “can we search your vehicle question” to how to behave when pulled over (which we discussed before but always good to remind them) and how laws can be very different from one state to another, and even from one officer/judge to another.
While I am so sorry she has had to deal with this, her openness has started a useful dialogue, at least at my house. I think there are some that will benefit from her sharing, even if in some indirect way. I thank her for that, and again, send hugs.
I get it. There are times I just want to scream st my 19 yo son. He knows everything. He is so lucky he survived his Jr year in hs with all the stupid things he did. He is a lot better but I don’t know how long it will be until he understands the implications if he does something really stupid.
Thanks, @CADREAMIN . It has been very helpful to me to be able to run things by other parents and out of respect for my son’s privacy, would not share with my IRL friends. Thanks to everyone. Not an experience I would recommend but so it goes…
This doesn’t make any sense.
Your son is on probation for a class B misdemeanor. As a condition of probation, he needs to submit to drug testing. Failing a drug test is a violation of probation, and the net result is that the Judge would have authority to sentence him to up to the maximum sentence for the crime he was charged with – which is possession of less than 2 oz. of marijuana, and which carries a maximum sentence of 6 months in jail and a $2000 fine. (And no minimum sentence under state law for possession – the crime that carries a minimum sentence of 72 hours in jail is driving under the influence of marijuana, but you said your son was in the back seat while his friends were driving)
But failing probation doesn’t make a misdemeanor into a felony.
A repeat offense of driving under the influence of marijuana can become a felony. … for a 3rd conviction.
Were you mistaken about the charge? Was your son actually driving? or charged with driving?
And if not… then I’m wondering why the judge sentenced & made statements related to the driving offense? (The judge would have discretion to sentence your son to 3 days in any case… but that wouldn’t be required minimum).
I agree with @CADREAMIN this has been helpful. So how do I need to advise my Ds (in general) about what to do if the police want to search your car?
Adults should object to any search. Or at the very least, not consent. That is all they need to say. They can’t interfere with a search, nor stop it, but they can object and make clear they do not consent. Note it would not have mattered in this case-the police had grounds to search after smelling pot during a lawful speeding stop. But it may be relevant to others. Also, always hire a local lawyer, and listen to what they advise. Do not assume you know what will happen in court.
Thanks @roycroftmom
@grandscheme - is your son aware that certain convictions can prevent him from entering Canada, should he ever want to? https://www.ezbordercrossing.com/the-inspection-experience/prior-criminal-offenses/u-s-crimes-and-canadian-equivalent/
I think alot of it depends on the circumstances.
H and I have always taught our children not to consent to searches and to ask for their attorney immediately. I actually got a phone call from the middle school principal once informing me that my oldest son had invoked after being called into his office to discuss an incident when my son had been physically assaulted at an after school club activity. It turned out to be a good thing because the school was going to suspend him out of school for a week because he kicked back at the kids who had him on the ground and were pummeling him! I came in and he got a half day in school suspension, which I thought was too much but my son was ok with it.
In another incident, my second son, who was a passenger, was in a car with a friend when they were pulled over. They were in HS. Before the cop got to the car, the driver said I have beer and pot in my back pack. The police asked to search and my son offered up HIS backpack. After the cop saw the APUSH textbook, the honors math textbook, the honor physics textbook, etc., he sent them on their way. As soon as the cop was gone, my son got out of the car and walked home. When my son got home, he told us about it. I was furious but my son said that he knew that the cops in our town treated honors students differently and that they would let them go once they saw his books. He also knew that there were no drugs or beer in his bag. He was right but I was so upset at what could have happened. My son’s takeaway was that he never drove with that kid ever again and never allowed him in one of our cars. The kid went to rehab a couple of months after that incident. When he got home and was on home based instruction, my son was one of only two kids allowed to visit him. My son knows now, at age 23, that he is NEVER to consent to a search under any circumstances. I taught all of them to ruefully say, I’m sorry, officer. My mom the lawyer will KILL me if I consent, so I can’t.
It appears, however, in OP’s case, there was probable cause based on the odor so consent may not have been needed.
I agree that this topic has been really helpful. I have also discussed it with my 19 year old, who told me that many of his college friends use lots of drugs.
The key mistake in this case wasn’t really the consent to search, which as noted probably wasn’t needed in any event. The key mistake was the man driving cross country with pot in a car apparently smelling of pot. Presumably he would have thought before trying to cross an international border like that. Travelling domestically can raise similar concerns, regardless of the contraband ( drugs, guns, whatever). Adults need to be aware of and sensitive to differing jurisdictions in which they may be held accountable.