I agree and offer up that people traveling from state to state with pot should be aware of which states have legalized pot and which haven’t and adjust their conduct accordingly.
The other important lesson is the crucial role of local counsel. Per OP, the judge initially appeared willing to deal leniently with this man. His conduct and statements in the court worsened the situation, and were likely interpreted as disrespectful by the judge ( even if not intended to be ). A local legal guide advising on subjective factors like attitude and decorum, as well as likely legal outcome, is valuable.
@roycroftmom DS was in a suit, clean shaven, standing to respond to the judge. He was deferential and complimented on his respectful behavior. The problem was an inalterable fact-that he would not pass a drug test at that moment because marijuana stays in your system for a long time and the judge planned to include drug testing as a condition of parole.
In that case, local counsel should have advised him that such a question may arise during the hearing and that he needs to be prepared to pass the test that day if asked to do so. He may have chosen not to, but this was foreseeable and should have been considered at some point in the last 5 months. I expect he is not the first defendant asked that question by this judge.
Forgive me but it seems to me that your son may have a substance abuse problem since you feel he may not able to stop using even when it negatively impacts his life. Did he reject rehab as a condition of probation? I hope that you are able to convince him that self-medicating is not the best route for someone who wants to work and be a productive member of society. If he had proper treatment, he might find that he feels so much better that he won’t need pot as a crutch.
I agree that you should still retain a local lawyer.
Great video on YouTube is “Don’t Talk to the Cops” --two part series by a law professor and a cop. Great advice.
There is another video by the ACLU–when I find the right one I’ll post it. This one had how to handle a traffic stop, a visit by police to a loud party etc.
The main points were to remain respectful, if you are asked. to step out of the car, roll up windows and lock the door and put key in pocket. If asked why you locked car, just say it’s habit. You don’t want them sticking their head in the window looking for cause.
Never volunteer information. Never consent to a search–unless they have cause, they’ll need a warrant. (which is doubtful).
Don’t assume that just because YOU don’t have any reason to deny search that your passenger doesn’t have contraband. You can ask “am I under arrest?” and then “Am I free to go?”
Loud party works the same way–police ring the bell–you go outside and CLOSE the door behind you. Don’t let them have an opportunity to spot empty beer bottles etc and bust the whole crowd.
@calmom I was in court with them and involved w negotiations. Son was not the driver and that was stipulated.
I’m not sure of the technical authority but it was not unclear-the judge stated violating parole by ingesting marijuana (which would be revealed through a drug test) through his probation would lead to the felony charge.
I’m not entirely sure of the workings of a court but what is in play is the chance for the original charge of possession of under 2 oz of marijuana, to be completely dismissed, if all goes well w probation conditions. The judge may dismiss a case in his jurisdiction and if it is dismissed, it would not go on DS record and there would be no reference to it in a standard background check. What he said he may not do is offer lighter than the mandatory minimum sentencing so if case is not dismissed, his hands are tied and the 3 day minimum, but likely more, jail days would be assigned. If DS does not meet probation terms, judge stated he would not dismiss the charges.
Do not ever get out of the car until told to do so by the police. That can get you shot.
The laws are all over the place. Canada is going to legalize it come October but D said at the border are signs to leave it at home–not legal yet and they will prosecute.
Ask the attorney (again I suggest a Waco one) about early termination of probation and if that’s a possibility.
@roycroftmom I was 7 mos pregnant and rushing to get to Police station to report a cow loose and wandering down the road. I was stopped by an officer as I had hoped to be. I hopped out of the car to go tell the offer about the loose cow and he barked for me to get back in my car. Was not willing to hear what I was saying while I was outside my car. So yeah, don’t get out of your car.
@jym626 I guess it depends on how he moves through his probation. If he stays clean and good, I would hope the dismissed charges and “clean” record to not prohibit a country border crossing. Will have to make sure to explore.
Equal caution should be used in air travel. Even traveling from one legalized state to another may result in a plane diverted for weather, mechanical reasons, etc to a place where pot is not legalized. Standards for searches in airports have a very low threshold, drug dogs are common, and TSA will refer any drugs found to local police.
Just as an aside, he ALSO needs to avoid poppy seed bagels. They can trigger a positive drug test!
Obviously, we all hope OP’s sone will stay clean. But I think it will help to google some facts about drug testing and the various methods. Eg, https://www.mayomedicallaboratories.com/test-info/drug-book/marijuana.html
I do see poppy seeds can show a false positive- but for opiods/heroin. And that the bar has been raised to try to prevent the mix-up.
For anxiety and other issues, your son may consent to see a psychopharmacologist. They have more training than psychiatrists in medical alternatives, and may be able to suggest an alternative to marijuana that your son can live with.
Regarding the excuse for the search: I have no doubt at all that it was totally bogus. Those cops only stopped someone going 7 MPH over the speed limit because they were young guys with an out of state license plate, and the plan from the first moment was to claim something that couldn’t be proven false, such as “thinking I smelled something,” in order to do a search in hopes of finding something they could bust them on.
The moral of the story is don’t drive around with pot or any other possibly illegal substance in your car, don’t cross state lines with such a substance, and DEFINITELY not in a place like Texas. Because if the cops want to search you they will, no matter what you say or don’t say.
@grandscheme Judges in TX cannot dismiss a case outright without a motion from the DA’s office. The DA brings the charges so only the DA can dismiss the case, terminating prosecution. That is the law. However, a judge can dismiss a successfully completed probation because the judge supervises probation.
As to upgrading the charges, no law in TX supports changing a misdemeanor to a felony because of a failed drug test. I am guessing this was a miscommunication (?) and that the judge is warning of more severe consequences (up to 180 days in jail) for a probation revocation on the misdemeanor.
And I agree, THC could be a promising treatment for anxiety. However, it’s just not legal everywhere, like it or not. When the pharma companies figure out how to make and sell THC based drugs I predict they will become legal very quickly.
Both my D currently and S in the past have seen a psychiatrist for anxiety. Neither of them were given benzos (Xanax, Ativan) by the psychiatrist but rather SSRIs and talk therapy. D’s is more severe and combined with migraines; she also has weekly therapeutic massage, biofeedback and mindfulness training. Your S can make progress if he decides he wants to tackle the problem but it is a marathon not a sprint. Best of luck!
Just as an fyi for those with a serious interest, the component of marijuana that seems to be helpful for anxiety is CBD (cannabidiol) rather than THC. THC is the component that makes you “high”, while CBD doesn’t have the same psychoactive effects.
Most speed traps are done for revenue collection, Consolation. Plenty of middle aged adults with in state plates are caught as well that way. And anyone with a cute red sports car.