Wow, grand scheme you have a lot to deal with. Sounds like the judge was trying to give him the best way out possible while still making sure he understood the implications. Sounds like your son, sadly, doesn’t deal with issues and wants to sweep them under the rug. If this didn’t get him to change his ways and follow the plan for a year, I don’t know what will. I really am sympathetic to you as a parent.
BTW; Everyone has anxiety to some extent. Using drugs or alcohol to tamp these feelings down rather than working thru them lead to drug and alcohol addiction ( and worse). There are lots of things to try ( someone mentioned acupuncture for example). What about going for a run? Or something along those lines.
I would connect your son with someone ( ANYONE) whom he listens to and respects. Do you have a family member, friend of the family or someone who is realistic and can drive home the situation?
He got a great outcome. What he needs now is someone to lead him thru the next year.
But with all due respect to the kid, we (society) is sending him a very mixed message. In Colorado and the like, have a good time with Cheech and Chong. I many other states, it’s “ok” for medical reasons. Then you have Waco, where apparently it’s the crime of the century. What’s a kid supposed to think. He’s “cool” in Colorado and a “felon” in Tx.
And yeah, he should get himself pointed in the right direction. If he has a medical condition, get it treated. Stay cool for the probation period. Get this incident behind him. And then get on with his life as a lesson learned.
Not a felon in Texas. Charged with a misdemeanor.
Well, if no one told him not to smoke between the original arrest and the court appearance, then it sure seems like he didn’t get the legal representation he needed. Obviously that doesn’t matter at this point, but I agree you need to line up adequate council in case it is needed before his probation is over.
As adults, we all sometimes forget the value of what I call “street sense.” Whe I was in college, it was well known, shared info, eg, that speeding through Georgia en route to spring break, eg, could land you in a heap of hot water, fines only payable in cash, hours spent sitting around, waiting for the system to act (and maybe, to satisfy their jollies.)
In many ways, other lessons we teach our kids show them to consider that all may not be “copacetic.” Not everyone is nice, understanding, or willing to overlook for whatever reason you come up with. Be aware, tread at your own risk.
Start educating with that street sense early. Five years into adulthood is not a good time to start learning that states have different approaches to various offenses (and it is not just drugs. Drunk driving, possession of guns, other offenses are treated differently from state to state).
Our kids were born in Maine and learned a simple and respectful view of life. Neither they nor their father view through a guarded lens. Sad they should need to.
There’s a difference between being innocent and being willfully ignorant. Capable adults should be aware of basic laws they are required to obey in whatever jurisdiction they are in, and how to follow-up on a legal matter. Particularly given modern technology, it is quite easy to ascertain the maximum penalty for various offenses, and to identify local counsel anywhere in the nation, and to communicate with such counsel. The police who are enforcing these laws are themselves often 19 or 20 in Texas. One doesn’t need to be guarded to be responsible for acting and responding appropriately.
They are trusting. They are not “willfully ignorant”.
I think they do need to be guarded. I come from a law enforcement family. I raised my kids to be respectful of law enforcement. I have learned the hard way living in a rural area with teenagers that cops aren’t necessarily your friend.
I agree, NJWrestlingmom .I am a “city girl” and typically have my guard up. My husband is a country boy, trusts all, sees the best in people always, and our kids prefer to adopt his view of the world. Why wouldn’t they? It is less stressful and less work. I’m the mean mom.
They do need to be guarded and I have tried to teach them to be so, but they question me. My husband will leave a note on your car if you parked so close to him in a parking lot that you end up with a tiny dent or scratch from when he pulled out. He usually parks at the far end of a parking lot where there is plenty of room and he gets the chance for exercise. He leaves our insurance information in case you want to submit a claim. Twice now he has done this and the “victims” ended up putting in for extreme repairs that had nothing to do w the faint scuff he caused. Thousands of dollars worth of supposed damage each time. His desire to be honest and forthcoming ends up extorted. I offer other approaches (leave a phone number or email address) but he thinks people will do the right thing.
It’s a challenge in our particular family. Not willful ignorance but a choice to assume honesty and truth. It will guarantee they take the hard road more often than necessary. I can’t make them cynical.
I wouldn’t necessarily say cynical. More like aware. Aware that things can go various ways, sometimes gentle, sometimes not.
It can take a lot of effort to convey. Ultimately, it has to filter through their brains, to sink in. I often had to use the indirect approach, when they were younger.
“Well, if no one told him not to smoke between the original arrest and the court appearance, then it sure seems like he didn’t get the legal representation he needed. Obviously that doesn’t matter at this point, but I agree you need to line up adequate council in case it is needed before his probation is over.”
@RandyErika No one told him not to smoke and I would not have known to tell him to not.
What does trust have to do with it? I’m perplexed. Was the man supposed to trust that the cops wouldn’t charge him for breaking the law when confronted with the pot or that the DA wouldn’t bother to pursue it? How did the judge break trust by imposing a sentence within the guidelines? Maybe the man put too much trust in the counsel he hired, but it isn’t clear another result would have occurred. The defendant had far more education, resources, and support than average, and was entitled to hire whomever he wished. Moral of the story is to take an active role in your own legal defense, since you will be the one held accountable.
He was not familiar with the legal system and trusted that while upholding the law, the police would not take advantage of him doing something which could make it worse. Had he known to not say anything, the case could have been disposed of differently. He does not object to being held accountable. He trusted the police as good guys who would let him know what he should or should not do or say. He doesn’t look at the world the way you do.
I think the point is that a Waco lawyer familiar with that Judge might also have known to tell him not to use marijuana before his court appearance. At least the criminal defense lawyers who post on Avvo seem to have figured that one out:
- https://www.avvo.com/legal-answers/in-mclennan-county-will-you-get-drug-tested-before-1789839.html
- https://www.avvo.com/legal-answers/i-got-charged-with-a-class-b-misdemeanor-for-posse-2130748.html
And here:
https://www.suttonmilam.com/criminal-defense/marijuana-possession/
Judge Cates. Yep.
"My husband will leave a note on your car if you parked so close to him in a parking lot that you end up with a tiny dent or scratch from when he pulled out. "
But that’s exactly what he - and everybody else - should do. If you damage someone else’s car, you are responsible. Not sure why this is noteworthy, shows him to be a country bumpkin, an example of something challenging or the “hard road”.
Similar to following the laws - no matter how stupid you think they are - in whatever area you are traveling. It’s what you do. Not noteworthy, not simplistic, not noble, just what you should do.
Seems a bit of effort or research on his part might have made a difference, but he did not bother. It really isn’t the police’s job to tell you how to act prior to or at your hearing to mitigate your sentence.
I think the issue OP is referring to is the stop itself. As alluded to earlier, I would bet the farm the cop didn’t smell anything. It’s typical to stop young drivers on some other pretext (in this case speeding; around here it’s an “obstructed” license plate) and then question the kids on if there are drugs in the car. Kids don’t know they don’t have to answer. Or the cop just searches and gets lucky - saying he smelled weed is his out. And if they find nothing - oh well, give the ticket for the original infraction and cover their butts.