to the OP, I would definitely hire a lawyer for your son.
I saw quite a few posts saying “hey, it’s a college town, etc” --Baylor and Waco are ULTRA-conservative and I would not lump them in with other “regular college towns” (Sure, kids do dumb things but Waco/Baylor has a pretty squeaky-clean image) Weed might be heading towards more acceptance in other states, but Texas still has a long way to go.
I hope your son allows you to help him. Just “taking the charge” seems foolish to me.
OP said they have an attorney. What isn’t known yet, is if this person is on top of things.
“If the police truly didn’t have a reason for the stop, the entire case can be thrown out.” Agree with roycroftmom, we don’t know what’s what. Plus, this is not one of the states where marijuana laws are liberal.
As for thinking there wouldn’t be jail for a first time misdemeanor, you can google the max penalties for this particular class misdemeanor.
@fwtxmom Will look right in to that. Thank you for the inside information.
The costs just to appear in court from out of state add to the penalty. Interesting that an out of stater might not get a break. Makes it hard to be motivated to do the right thing by showing up. (He has not considered not showing, I’m just pointing out the irony that one may not be eligible for a relief program due to being from out of state yet going to court from out of state is much more costly).
No help to OP but seems like a good time for parents and kids to watch the youtube video
“Don’t Talk to Cops” done by a lawyer and police officer. Traffic stops is one part of it.
OP, call the attorney that you originally hired before hunting for another one. He probably will talk to you if you are paying the bill. He doesn’t have to get into the details of what your son may have told him. Ask him about the status of the case, and whether your son will be eligible for diversion. If you don’t get good answers then you can look for another attorney. If the court date is imminent the current attorney should be able to get a continuance to get you time to find another lawyer.
Make sure your lawyer is the best you can get–someone who does this type of case on a regular
basis. Martindale Hubble rates attorneys.
Look up Martindale.com to find highly rated attorneys in Waco for criminal defense.
If you call and that firm doesn’t do that particular type of case they’ll often refer you to someone.
Don’t fail to appear. His warrant will get entered into the warrant system and he will be arrested the next time he has contact with law enforcement which will without doubt be the most inopportune time and place imaginable. DAs and courts take a dim view of those who fail to appear for their cases as well.
It’s not so much that an out of stater might nor get a break for diversion as that the diversion program requires regular check ins or something like that, making it an option that doesn’t work for your son. By the program rules non-residents are not excluded:
https://dshs.texas.gov/mhsa/SB1507/2017/July/PTIP-Guidelines-020117.pdf
Get the lawyer, tell him he can pay you back, get him into a diversionary program where he can get the record expunged if he is a good boy after this.
Never volunteer potentially incriminating information. Never agree to a search. Never trust cops or prosecutors. They are allowed to lie to trap you.
Another aside about car searches and why you don’t submit to one…even as the driver and knowing YOU don’t have anything to hide does not mean that any of your passengers don’t have contraband on them unbeknownst to you (and it’ll be a bad day for all of you.).
So I just looked up what 2 oz looks like–that’s quite a lot. Good luck.
This is not be a nice parent time!!!
Get on a plane ASAP and get a good lawyer even if you have to physically drag him to the office. Its going to cost a lot but get it done.
You do not want to spend time in jail/prison or have that on his record.
Prosecutors are not allowed to lie to trap you. “It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.” Texas Code of Criminal Procedure Art 2.01
@grandscheme sent you a PM…
“The DA’s office has a diversion program in place for nonviolent offenders, meaning that the case would not appear on a person’s record if they successfully complete the diversion program”
Diversion program participants might officially not be reported on a record, but it will still likely show up on background checks as court info is public records. Diversion may still be the best option, but that does not mean it isn’t going to be discoverable in the future. Many of the diversion laws were written before the advent of the full scope of the internet, there is not usually a provision to expunge it, just that they don’t report it.
We had a prolific and great CC poster going back about 8 years who is a lawyer in Waco. PM me if you want his contact information.
@MomofWildChild I will, thanks.
And for those who know the difference, because I clearly don’t, it was apparently 1 Gram, not “under 2 oz.” FWIW
In TX a successfully completed diversion should entitle one to expunction but you would have to file and pay for an expunction later and separately. Upon expunction all records are erased, including the arrest records, jail records, everything.
@grandscheme under 1 gram is the charge? Are you sure? Leaf marijuana is prosecuted here in ounces and pounds. Everything else is is in grams. Under 1 gram cases are usually small amounts of controlled substances.
@roycroftmom Your comment regarding searches in TX always being ok is so snide (either to the state of TX or police) In either case, not conducive to moving the ball forward.)
The police are NOT allowed to entrap, lie etc to gain access to or perform a search. Any lawyer will first seek to get the search dismissed. Then presto, the whole thing goes away.
OP do not risk the uncertainty that it MIGHT be dismissed, expunged, go his way etc. The risk is too high. For those who stated they doubted that anyone would go to jail for a first time charge for weed, the jails are filled with folks who thought this way. Every charge is a serious charge with the maximum fine or jail time possible until it is dismissed or decided by judge or jury.
@grandscheme , make sure you get the Waco lawyer’s info from @MomofWildChild . He is a great guy.