Securing a Skilled San Antonio Juvenile Drug Crime Lawyer Is Your First Step Towards Protecting Their Future.
The news hits you like a punch in the gut. Your child is facing juvenile drug possession or even adult drug possession charges. Fear and confusion cloud your judgment.
What are their rights? What penalties might they face? What can you do as a parent? It makes sense to start by being aware of the law and your child’s rights.
Below, we explore your child’s rights in Texas, the legal implications of juvenile drug possession, and the importance of securing a skilled San Antonio Juvenile Crimes Lawyer. The difference between an experienced lawyer can drastically impact the outcome of a criminal case, especially a juvenile charge.
Juvenile Drug Laws in Texas
Like most states, Texas maintains separate legal systems for adults and minors. If your child is under 17, they will go through the Texas Juvenile Justice Department (TJJD). The emphasis here is not solely on punishment but on rehabilitation and prevention of future offenses.
Juvenile drug possession charges can involve various substances, such as marijuana, THC edibles, cocaine, prescription drugs without a valid prescription, and synthetic substances like “spice” or “bath salts.” The severity of the charges depends on the type and amount of drug found.
Some of the factors that determine the severity of the charges:
- Type of drug—penalties for possessing marijuana are less harsh than those for more complex narcotics like cocaine or heroin;
- Quantity of the drug—possession of small amounts of some substances may be considered a misdemeanor or less serious, while larger quantities could be a felony;
- Packaging—was it apparent that the items were likely for personal use and not anything else;
- Circumstances—was there a valid legal for your child to be searched or have an interaction with law enforcement? Was it at school or somewhere else?; or
- Prior offenses—a clean record might lead to a lesser charge or a more lenient disposition.
Seeking legal advice can significantly affect the outcome of drug possession cases. It is important to have a skilled and experienced attorney who can advocate for the best possible result.
Potential Juvenile Drug Possession Penalties in Texas
Juvenile drug possession penalties vary depending on the above-mentioned factors, with different classifications and potential penalties.
Misdemeanors
Possession of small amounts of marijuana (typically under two ounces) usually falls under this category as a Class B misdemeanor. Penalties could include:
- Probation—this court-supervised period where your child can remain at home under supervision and specific guidelines;
- Fines—the amount could range from a few hundred dollars to a few thousand;
- Community service—a certain number of hours contributing to the community through assigned tasks;
- Drug education programs—programs aimed at educating your child about the dangers of substance abuse; and
- Driver’s license suspension—your child’s driving privileges could be suspended for at least six months, depending on the circumstances.
Your child could face these and other consequences. For instance, they could face placement in juvenile detention under extreme circumstances. Also, their school, in certain circumstances, will have to be made aware of the charge and they may deal with potential punishment there as well.
State Jail Felony or Felony
Possession of harsher drugs like cocaine, heroin, or larger quantities of marijuana can be treated as a higher level controlled substance felony with steeper consequences, including:
- Detention in a juvenile facility—depending on the seriousness of the offense, this could range from a few days to several months; or
- Longer probation periods—probation terms can be extended for multiple contracts compared to misdemeanors.
The specific consequences ultimately depend on the judge’s discretion or if a plea bargain contract can be agreed to with the prosecution. The judge will consider factors like your child’s prior offenses and the arrest circumstances when determining the sentence. The prosecution will also consider these factors in making recommendations for a community supervision contract.
A qualified attorney can help you understand the penalties your child faces and explore possibilities for a more favorable outcome. The ranges of punishment vary greatly for a juvenile charge, so it is important to make sure your lawyer understands how the juvenile system works.
Your Child’s Rights When Facing Juvenile Drug Possession Charges in San Antonio
The Texas Juvenile Justice Code safeguards the rights of juveniles, including those facing drug possession charges. Here are some key rights to remember during arrest, interrogation, and the pendency of your child’s case:
- Right to remain silent. Your child has the right to remain silent during questioning by law enforcement. It’s best to advise them to remain silent until you’ve secured legal representation because even seemingly innocent statements can hurt them later.
- Right to an attorney. Your child has the right to an attorney throughout the legal process, and the more skilled the lawyer, the better. An attorney can advise them on their rights, work for a dismissal of charges, or negotiate a favorable outcome.
- Right to due process. Your child deserves due process during the pendency of their case, meaning the law must be followed. They have rights to constitutional and statutory legal protections on how the evidence was collected, used against them, and even how frequently they have a continued detention hearing. An experienced lawyer can ensure all procedures are followed correctly and present evidence and arguments in your child’s defense according to the laws of Texas.
You and your child also have the right to know the specific accusations against them. This is part of the Confrontation Clause of the U.S. Constitution.
Why You Need to Hire a San Antonio Drug Crime Lawyer
Knowledge is power, but legal expertise is the ultimate weapon in court. A skilled San Antonio drug crime lawyer who specializes in juvenile cases will be your child’s strongest advocate. Your child’s lawyer can do many things for them, including:
- Investigate the arrest—they can ensure the police followed proper procedures and build a strong defense strategy based on possible violations;
- Navigate the legal system—our lawyers are knowledgeable about the juvenile justice system and can guide your family through the process; and
- Fight for the best possible outcome—this could include getting a dismissal of the charges, negotiating a lesser charge, or advocating for alternative sentencing, such as drug rehabilitation programs instead of detention.
A seasoned juvenile crime lawyer from our firm will work tirelessly to protect your child’s rights and future. We are passionate about helping young people move beyond their past mistakes at a vulnerable time in their lives.
Protect Your Child’s Rights with Austin Hagee Law Firm
The experienced and compassionate juvenile defense attorneys at Austin Hagee Law Firm have a proven track record of successful juvenile defense cases. We are a premier juvenile criminal defense firm in South Texas. When you hire us, you can rest assured that our dedicated team based in San Antonio will relentlessly fight to safeguard your child’s future.
Contact us today for a no-cost consultation and allow us to assist you in confidently dealing with this challenging period.
Frequently Asked Questions
What Happens If My Child is Caught with Drugs at School?
Schools have their own disciplinary procedures for drug possession, which could include suspension or expulsion. In Texas, a student charged with a crime at school will often require a Disciplinary Alternative Education Program (DAEP) hearing to determine the proper discipline for the child. These hearings can be waived if your family comes to a punishment agreement with the school. A lawyer can guide you through the school’s process and the DAEP hearing. Often, an attorney can increase the range of opportunities available to a student’s family by generating creative solutions with the school.
How Long Will the Case Take?
Can Juvenile Drug Possession Charges Be Sealed?
In some cases, juvenile drug possession charges on your child’s record can be sealed after a certain period. However, your child’s records cannot be sealed if they were certified by the juvenile court to stand trial as an adult or were given a determinate sentence. Your lawyer can advise you on the eligibility and the process for your child’s situation.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
Loading...