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re: Texas teen faces life for selling pot brownies

Posted on 8/7/14 at 1:42 pm to
Posted by Napoleon
Kenna
Member since Dec 2007
69071 posts
Posted on 8/7/14 at 1:42 pm to
you can get an expungment and the felony pretty much goes away. I know a few people who have done that.

I don't commit felonies though. Misdemeanors, yes. Felonies, no.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/7/14 at 1:44 pm to
That's also very expensive and everyone doesn't have the same access to legal representation that this kid obviously has. If they give this kid a felony it will have serious implications for all those who come after him.

His lawyers aren't taking this to trial because they're stupid.
Posted by Monk
Baton Rouge
Member since Aug 2007
3660 posts
Posted on 8/7/14 at 1:57 pm to
quote:

Texas teen faces life for selling pot brownies


No he's not.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/7/14 at 1:57 pm to
I really don't feel like wasting anymore time on this, because ultimately we're on the same side.

But I have to address this.
quote:

They're obviously trying to use this kid as an example and set a precedent. As I'm sure you're aware from Common Law 101, precedent is considered law.
There are no precedents in criminal law. The law is the law on the books and the penalties are the penalties on the books. Future judges won't look back on this case and say, "well we're obligated to give you ______ penalty because of the brownie case."
This post was edited on 8/7/14 at 2:01 pm
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/7/14 at 1:59 pm to
quote:

No he's not.
Technically, he is. He won't get life but it's one the table.

Note: I'm not familiar with Texas law. Just going off the article.
quote:

He is accused of selling the brownies for $25 and is facing felony charges that carry stiff penalties, ranging from five years to life in prison.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/7/14 at 2:00 pm to
I'm not saying it'll have national or even statewide implications, but you can bet your arse it'll give judges in that county an excuse to hand out felonies for kids with weed concentrate.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/7/14 at 2:01 pm to
Maybe. Still doesn't make it law.

Have a good day.

Posted by dawgfan24348
Member since Oct 2011
49262 posts
Posted on 8/7/14 at 2:07 pm to
Can we just legalize pot already? Ruining people's lives over a plant is outrageous and the DEA is just using Hash as a scare tactic since they're getting their arse kicked in the fight against marijuana.

The kid is an idiot but shouldn't be a felon for "selling" pot brownies
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
59489 posts
Posted on 8/7/14 at 2:18 pm to
quote:

you can get an expungment and the felony pretty much goes away
Texas offers Deferred Adjudication for offenses like this. If he behaves, doesnt' break the law, attend his meetings, etc. His record is clean or doesn't show a conviction.

But obviously he doesn't think he can handle 5 years probabation. WTF?
This post was edited on 8/7/14 at 2:23 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58333 posts
Posted on 8/7/14 at 2:23 pm to
quote:

I would hope you still have the mental capacity to recognize an egregious miscarriage of justice.


Yes, I even said so in he thread.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 8/7/14 at 2:43 pm to
quote:

Texas offers Deferred Adjudication for offenses like this. If he behaves, doesnt' break the law, attend his meetings, etc. His record is clean or doesn't show a conviction.

But obviously he doesn't think he can handle 5 years probabation. WTF?


Deferred adjudication still comes up on background checks and you're required to plead either guilty or no contest.

Most employers, schools, etc. ask if you've ever plead in either of those forms.

There's also the issue of the search on his home. I think his motion to suppress could possibly hold up in front of a jury. Either way, the penalty will be similar so why not put it in front of a jury? With the way things are going with marijuana and his being so close to the liberal Mecca that is Austin, he's got a shot.
Posted by fightingtiger2335
heh?
Member since Aug 2007
61157 posts
Posted on 8/7/14 at 2:47 pm to
quote:

you can get an expungment and the felony pretty much goes away. I know a few people who have done that.

I don't commit felonies though. Misdemeanors, yes. Felonies, no.

you would be shocked what a felony is. Just some advice, dont jokingly edit Wikipedia
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
59489 posts
Posted on 8/7/14 at 8:12 pm to
quote:

Deferred adjudication still comes up on background checks and you're required to plead either guilty or no contest.

Not in Texas and maybe only while on probabtion. After completing probation successfully you file for non-disclosure and it will not show up on your record to private entities or even if you get pulled over. It becomes a sealed criminal record.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/7/14 at 9:02 pm to
Are you an attorney?
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/7/14 at 9:05 pm to
Not in LA either. Successful completion of pretrial intervention (aka deferred adjudication) results in a dismissal.

ETA: Obviously the arrest still shows up but you can get the arrest record expunged with no problem after a dismissal.
This post was edited on 8/7/14 at 9:11 pm
Posted by northLAgoomba
The Cooper Road, Ratchet City, LA
Member since Nov 2009
3790 posts
Posted on 8/7/14 at 9:08 pm to
quote:

attend his meetings
What kind of meetings does a pot-brownie seller have to attend?
Posted by genuineLSUtiger
Nashville
Member since Sep 2005
72934 posts
Posted on 8/7/14 at 9:17 pm to
quote:

God Texas sucks so bad
Posted by Macintosh504
Leveraging Salaries University
Member since Sep 2011
52603 posts
Posted on 8/7/14 at 9:20 pm to
quote:

If they sentenced these kids to the Marine Corp instead of jail...

well most kids nowadays enlisting to the marines are these kinds of peoples.
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