What options and typical retainer fees for THC charge in TX for a minor?

Question

My 17-year-old daughter was recently caught and arrested at school in Texas with a THC cartridge, facing charges under "POSS CS PG2 <1G." Previously, she completed probation for a school-related incident, which was dismissed after no positive drug tests, and had a dismissed charge of possession of drug paraphernalia. Given this background, what legal options does she have, and generally, what would be the typical retainer fee for this type of charge?

Madalina Garcia · Answer

In Texas, 17 is the age at which a person may be charged as an adult, not a juvenile. Possession of a THC vape cartridge is a felony-level offense. Texas is prosecuting THC cases heavily, so it is certainly in your daughter's best interests for you to hire a criminal defense attorney for her. Generally, criminal defense is done on a flat-fee basis (at least pre-trial.) The price for representation varies according to numerous factors, but bear in mind that because this is a felony-level offense, with much higher stakes, the price of legal representation will reflect that.

John Michael Frick · Answer

You can normally retain a good criminal defense attorney to plead out a felony possession charge like this for $10,000.

James L. Arrasmith · Answer

Given your daughter's age of 17, she will be tried as an adult in Texas, not in juvenile court, which makes this a more serious situation. The THC cartridge charge "POSS CS PG2 <1G" is classified as a state jail felony in Texas, carrying potential penalties of 180 days to 2 years in jail and fines up to $10,000. Her prior history of completing probation and having previous drug-related charges may work against her in sentencing, as judges often consider repeat offenses more seriously. 
 
Her legal options include negotiating a plea bargain for reduced charges, seeking pretrial diversion programs if available, or fighting the charges if there were procedural errors in her arrest or search. Common defenses include illegal search and seizure, lack of knowledge of possession, or chain of custody issues with evidence. Since this occurred at school, there may be additional administrative consequences beyond the criminal charges. 
 
Typical retainer fees for felony THC possession cases in Texas range from $7,000 to $15,000, with some attorneys quoting around $10,000 for plea negotiations on felony possession charges. The cost can increase significantly if the case goes to trial. Given the serious nature of this felony charge and her criminal history, you should consult with an experienced Texas criminal defense attorney immediately to explore all available options and protect her future.

Q: What options and typical retainer fees for THC charge in TX for a minor?