If police arrest your child at a Texas high school with a THC vape pen, the legal ramifications can be significant. Understanding the relevant laws and procedures can help navigate this challenging situation. Below is an overview of the key legal frameworks that come into play: the Texas Penal Code, Texas Juvenile Law, Texas Code of Criminal Procedure, and the Texas Education Code. Additionally, we’ll explore the concept of deferred prosecution.

Texas Penal Code

The possession of THC (tetrahydrocannabinol) in any form, including vape pens, is illegal under Texas law. THC is classified as a controlled substance. Specifically:

  • Possession of a Controlled Substance (THC): According to Texas Health and Safety Code § 481.116, possession of THC is considered a felony. The severity of the charge depends on the amount possessed:
    • Less than one gram: State Jail Felony (punishable by 180 days to 2 years in a state jail and a fine up to $10,000).
    • 1 to 4 grams: Third Degree Felony (punishable by 2 to 10 years in prison and a fine up to $10,000).
    • 4 to 400 grams: Second Degree Felony (punishable by 2 to 20 years in prison and a fine up to $10,000).

Texas Juvenile Law

When police arrest a child under 17, the case falls under the jurisdiction of the juvenile justice system, which is distinct from the adult criminal system. Key points include:

  • Juvenile Detention: Upon arrest, police might take the juvenile to a juvenile detention center. If police elect to take the child into custody, a judge must hold a Detention Hearing within 48 hours. At this hearing, the judge will determine whether he will order the release of the juvenile or if he will remain in detention pending further proceedings. Typically, juvenile courts will only detain minors who are repeat offenders or who do not have parents that are willing to supervise them.
  • Release to Parents: After most THC arrests, authorities will usually release the child into the custody of his parents. It will then be the parents responsibility to escort the child to regular meetings with the Juvenile pre-trial probation office. These meetings are routine check-ins that ensure the child and his parents are paying attention to the case. Formal court settings will occur once the DA’s Office makes a decision on whether to file the case.
  • Adjudication: If the case proceeds, the juvenile will go through an adjudication process (similar to a trial) where a judge will determine if the minor committed the offense.
  • Disposition: If the minor is found to have committed the offense, a disposition hearing (similar to sentencing) will determine the appropriate consequences. This could include probation, community service, counseling, or placement in a juvenile detention facility.

Deferred Prosecution & Clearing my Child’s Record

Deferred prosecution is a critical option for juveniles facing charges. It allows the juvenile to avoid formal adjudication and potential long-lasting consequences of a criminal record. Under a deferred prosecution agreement, the juvenile agrees to certain conditions set by the court. These conditions might include:

  • Regular attendance at school
  • Participation in counseling or substance abuse programs
  • Performing community service
  • Adhering to a curfew
  • Avoiding contact with certain individuals

If the juvenile complies with these conditions for a specified period, a judge may dismiss the charges. This offers your child a second chance without a formal adjudication on their record.

Expungement and Sealing of Records: If your child successfully completes deferred prosecution or probation, an attorney can help petition for the expunction or sealing of his juvenile record, ensuring that the incident does not impact his future.

Conclusion

An arrest for possession of a THC vape pen at a Texas high school can lead to serious legal consequences. These consequences can include felony charges and potential expulsion from school. However, the juvenile justice system and provisions for deferred prosecution provide avenues for rehabilitation and avoiding a permanent criminal record. It is crucial to engage a knowledgeable attorney who can navigate these legal complexities and advocate for the best possible outcome for your child.

Understanding the interplay between the Texas Penal Code, Juvenile Law, Code of Criminal Procedure, and Education Code is essential for parents and guardians facing this challenging situation. By being informed and seeking appropriate legal counsel, you can help ensure that your child receives the support and guidance needed to move forward positively.