HELP! MY SON IS IN JAIL NOW WHAT?

It's 1:00 a.m. and you get a phone call from the Denton County Jail. Your 18 year old calls you in tears saying he's just been arrested- for possession of marijuana. You panic and a million questions run through your mind. How could you! You're grounded! Your child just wants you to get him out of jail. Here's what to do.

First of all, don't panic. Your questions will be answered in plenty of time. First things first. You need to tell your child not to make any statements and not discuss this with anyone. Though we like to think there's nothing wrong with telling your side of the story, even if you didn't do anything wrong or the drugs weren't yours, it's always risky to give a statement. Police interrogation techniques can sometimes be questionable and you don't want your child talking to anyone until he's talked to an attorney first.

Next, you need to get your child out of jail. You have several options. First, you can ask that your child be released on his own personal recognizance. This is typically called a PR bond. If it's their first offense, you have a pretty good shot of getting them out without paying a dime. If that fails, you can post a cash bond. That will have to be the full amount of the bond, which varies depending on the charge, the amount of drugs, and whether or not your child has any priors. Finally, you can call a bail bondsmen and pay them a percentage of the bond. The bondsman will fill out the appropriate paperwork and have your child released.

It's always best to immediately set an appointment with an attorney you trust in order to know what your child's rights are. Furthermore, it's possible that your child isn't really guilty. They were at the wrong place at the wrong time or perhaps there was an illegal search. An attorney will be able to evaluate the case and inform you of the issues that need to be addressed.

The range of punishment varies for different offenses. If this is a Class B Misdemeanor offense, the range of punishment is up to 180 days in jail and up to a $2,000.00 fine. That's not to say your child will go to jail. In fact, if this is their first offense, they are eligible for probation. There are two types of probation- deferred adjudication and probation. These are both commonly referred to as community supervision. They both entail community service hours, reporting to a probation officer, paying fines and court costs, and other conditions the court deems appropriate. The two types of community supervision are different in a very significant way. Deferred adjudication means the judge will make a finding that there is enough evidence to find someone guilty, but will defer a finding of guilt and place the person on deferred adjudication. For regular probation, the judge will make a finding that there is enough evidence to find someone guilty and will proceed to find him or her guilty. However, the judge suspends the jail sentence and places the person on probation instead. If the deferred is successfully completed, there is no final conviction and the person can say they have never been convicted of an offense. With probation, on the other hand, there is a conviction and it can be used against someone in the future to increase the range of punishment for his or her next offense.

It is important to note that if there is a violation of a condition of probation, the judge can revoke the probation and sentence the person to a jail term. If there is a violation of a condition of deferred adjudication, the judge can adjudicate the person and find them guilty, in which case the charge becomes a conviction and the full range of punishment for that offense applies. In all criminal cases there are various implications, including the possibility of a driver's license suspension. Therefore, it is important to consult with an attorney about your specific case.

Helen Simotas became licensed to practice law in Texas in 1996 after graduating from St. Mary's University School of Law. Ms. Simotas is also a graduate of Gerry Spence's Trial Lawyers College.
No information in this article is intended to constitute legal advice. For specific legal advice, please contact an attorney.