© 2017 by Shannon B. Flanigan.   Licensed by the Texas State Bar since 1996.

With new Texas law, many may be able to seal their misdemeanor criminal convictions - even if they did not get deferred adjudication.

DWI and other Alcohol Offenses

Being charged with Driving While Intoxicated or as a Minor in Possession of alcohol can be scary and complex.  These alcohol offenses carry stiff penalties and usually result in your driver's license suspended even before you are convicted.

DWI

Driving While Intoxicated is a serious charge at any time, but carries very different punishments based on your prior history.  You commit this offense, under Texas law, if you are operating a motor vehicle in a public place while you are intoxicated.  You are "intoxicated" if either you:

1.  Do not have the normal use of mental or physical faculties...

Any child, from age 10 to age 16, may be charged with and held responsible for virtually the same offenses as an adult.  But the law recognizes that a child makes mistakes and does not possess the same level of responsibility than would an adult.  So the rules of procedure in juvenile court are different but much more complex than in adult court.

 "Delinquent Child" and a "Child in Need of Supervision"


A juvenile age 10 to 16 who commits a crime that would be punished as an adult by time in jail would be considered a "delinquent child" if found responsible for committing the crime.  If the offense would normally be a Class C misdemeanor (fine only)...

The offense of Possession of Marijuana carries different punishments depending on the amount possessed.  The most common mistake made by those accused is to say that they did not own the marijuana.  The offense is possession, however, and the State will get a conviction if the State can prove the accused is in care, custody, management, or control of the substance.  Another issue the State will have to prove is whether the amount was usable.

Range of Punishment 

If the usable amount of marijuana is:

-  less than 2 ounces - jail time up to 6 months and/or a fine up to $2,000

-  2-4 ounces: jail tim...

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