Legal Question in Criminal Law in Texas

Alleged drug possession

My daughter, 16 yoa, Ft. Bend Co. Texas, was detained for allegedly possessing a controlled substance (2nd Degree Felony b/c on school prop). She was questioned by campus police (don't know if Mirandized) then taken to juvenile detention. This was yesterday, 5/14/09 approx noon, and I have been unable to see her and won't until tomorrow, Saturday, 5/16/09. I was only allowed to speak to her for 5 minutes on the phone this morning, 5/15/09. They have asked her several questions, including psych evals. And they've made her take a urine analysis, which came back clean, without permission. They wanted me to sign a few documents allowing them access to her medical history, which I politely refused (Thank you, but I'd rather not.) Is any of this legal? Do they really have a right to keep my minor child, with NO criminal history, away from me? Can they question her without me or an attorney present?


Asked on 5/16/09, 2:03 am

2 Answers from Attorneys

Edgardo Baez The Baez Law Firm, P.C.

Re: Alleged drug possession

You really need an attorney

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Answered on 5/18/09, 12:31 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Alleged drug possession

Based on what you have written, your daughter should consider asserting her rights not to speak with the police and not say anything to anyone regarding the criminal allegations. You should condier retaining a criminal defense attorney to assist your daughter and protect her rights. If my local criminal defense law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for a consultation.

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Answered on 5/16/09, 11:41 am


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