Read more carefully, happy times. I said there is always a basis for a traffic stop, not a search. He consented to the search, so the legality of it is no longer an issue. I dont know in what part of Texas you practice law, but in my legal experience in Texas, contesting the stop is a waste of time, and frankly even very, very few searches are determined to be illegal, despite television dramas to the contrary.
@fwtxmom I just know my kid told me today that they weighed it on the spot and told him it was a gram. He told me this today as he was driving on a highway. It was a heated convo between us and I had contractors in the background with no privacy. Kid keeps running away-not technically-he’s an adult-but he does not want to face what happened so avoids me as the enforcer in the family. I keep trying to get him to sit down with me and to go through files and correspondence about it but he won’t. I guess I need to ask him again about the details. OR maybe I don’t. He insists I should let him handle it his way. Arrgghh.
@kelsmom Hoping to hear back from her. Thanks!
Oops. Found a message in my in box. Thanks, @MomofWildChild !
"Kid keeps running away-not technically-he’s an adult-but he does not want to face what happened so avoids me as the enforcer in the family. I keep trying to get him to sit down with me and to go through files and correspondence about it but he won’t. "
Is there another family member who can step in a little to run interference that he might listen to? Someone who can also talk some sense into him and get some answers but is a fresh voice?
He may be wrong but he is also old enough to make that decision. So if he wants to do that, and bear the consequences … it can be hard on you to watch, but there is a point at which we parents have to back off and let our adult children do adult things on their own, including making adult-level mistakes.
Though the reality is that these types of cases are routine, low-grade stuff that courts deal with all the time, and they tend to deal with them the same way fairly consistently. The outcome is really not likely to differ all that much whatever lawyer or legal advice your son has. So it’s not really a “best lawyer you can get” situation. Your son just needs someone who knows how the local courts tend to deal with these cases, and the range of likely outcomes.
I’m just telling you this to address the parental concern – that is, if you are thinking from reading this thread that there is some legal genius you can hire in Waco who can make it all go away if only the retainer is high enough… it just doesn’t work that way.
And parental swooping into the rescue can backfire, big time … in my legal career, over and over again I saw that the net result was that within a short time later the kid was in an even bigger legal mess than before. Somewhere along the line, the kid was internalizing the wrong message about consequences, and simply making the case go away never addressed the true underlying problems. So your son’s insistence on handling things on his own may be a good thing, not bad-- because at least he his accepting responsibility for his own mess and moving forward. (And the net result of your pressuring him or arguing with him over this may simply be that the next time something like this happens, he won’t tell you about it. After all, if he hadn’t mentioned the arrest to you, how would you have ever known?)
@calmom I’m concerned about his having forever repercussions. I don’t care if he is inconvenienced or humiliated or any of those other possible recriminations from being jailed or convicted. He is not trying to get out of it. Quite the contrary, I am concerned he is too quickly willing to “do the time.”
All 3 kids in the car are engineering students at a highly respected U. They were doing some cross country traveling to rock climb and hike. Had the contraband with them, having started in a place it is legal. He owns that he made a mistake.
He is stressing because he has to miss a lot of work to go to court and that is its own vicious cycle. He can’t pay his fines and travel costs if he can’t work.
I just don’t want to see him not be able to get a grown up job to support a family one day because of something on his record that doesn’t have to be. If it is possible to minimize the impact, that is what I want for him. Not trying to get him out of it, just trying to secure what may be available in terms of grace. I so am not trying to rescue the kid but am trying to save the adult he will be one day from his foolish youthful self.
Paying the bill is irrelevant. Parent is not the client. The attorney cannot and will not talk to you about the case without the kid’s consent. It would be best to have the kid call and say “here, talk to my parent.”
I think what you have to watch for is the amount. If its just a possession charge, first time, then probably not much to be concerned about. Where it get’s concerning is if the amount is large enough to be considered “intent to distribute.” That make you a “drug dealer” and a lot more problems.
Texas mom weighing in - get a good lawyer and fight it. Waco is uber conservative and they will get a conviction or lesser plea and it will be on your son’s permanent record.
If you can’t find a good lawyer in Waco, look to Austin for a decent attorney. I can ask my personal attorney for a recommendation if you like.
But he must fight the charge with good legal representation. So sorry y’all are going through this horrible stress.
@jadedhaven Thanks. Sigh.
OP I can’t figure out how to PM you, but my H is a defense attorney and he works mostly in North Texas but he has some Waco clients right now…if you pm me I can give you his info…he does free consults…this is sort of his area of the law right now.
Do drug convictions still prevent a student from getting student loans? Will there be repercussions from the college?
@“Snowball City” Hadn’t even thought about that. Ugh.
@TeamJet Sent you a PM.
Still trying to reach a certain favorite CCer in Texas. Have not had a response yet but have reached a couple of different ways.
A local attorney in Waco is far preferable. He will know the prosecutors, the judge, and the likely outcome. Waco will not be particularly receptive to outsiders, especially lawyers from Austin, considered a leftist enclave by many in Waco.
May I make one more suggestion, OP? I know you are doing your best and this is a terrible burden on you. But it might help if you reframed the problem away from being a youthful indulgence. This man is over 4 years past the legal age of adulthood. He will be viewed and held accountable for his actions as an adult by everyone except, perhaps, his family. It will help if you and he recognize him as the adult man he is and he is expected to act accordingly. You can offer to assist, but this is his problem to solve.
So sorry this is happening.
The latest research shows that males do not develop their frontal lobe completely until age 26-27.
Many of us with older S’s can attest to this. It is at that age that they control their impulses and understand conseqences. There are always the exceptions, of course.
If he has not had ongoing legal problems then try your best to keep this from spiraling.
I agree with the advice that if there is another adult–coach? Uncle? Or other relative or family friend
who could discuss this with him that could be helpful.
Be careful about the discussions about the money as this could be some of his resistance to
seeing a lawyer.
I understand the psychological research. But the legal system relies upon 18 as the age of majority, so ready or not, they are going to be treated like adults then. Best to be prepared for it.
The idea that law enforcement can’t lie to you is…laughable. They can and do. The idea that prosecutors in TX are all trying to find justice, not get a conviction, is also laughable. The record is clear.
Any conviction will impact federal aid (grants or loans, plus subsidized work study). If it turns out to be a felony offense, then you also lose tax credits. If he’s concerned about the cost, that should be factored in