Top Five Reasons Students End Up In Jail

 In Criminal, Drug Possession, DWI, Misdemeanors, Versus Texas Criminal Law Blog

The new school year is just around the corner. As college students head back to school and high school students prepare for the start of classes, jail is probably the last thing on their minds. Unfortunately, students are arrested every day for various offenses that could land them behind bars and subject them to hefty fines. Here are the top five ways students get into trouble and information on what you can do if you do find yourself in handcuffs.

  1. Possession of Marijuana | Fort Worth Possession of Marijuana Attorney

    Marijuana is legal in a growing number of states, but Texas isn’t one of them. In Texas, it is still illegal to possess any amount of marijuana. While possession of drug paraphernalia is only a ticket, having a useable quantity can land you in jail for up to six months. Amounts as low as a third of a gram have been determined to be a usable quantity. As the quantity goes up, so does the punishment range.


Possession of Drug ParaphernaliaClass C Misdemeanor$0-500 Fine
Possession of Marijuana Under Two OuncesClass B MisdemeanorUp to 180 days in Jail,$0-2,000 fine
Possession of Marijuana 2-4 ozClass A MisdemeanorUp to 1 year in Jail,$0-4,000 fine
Possession of Marijuana 4 oz to 5 lbsState Jail Felony180 days – 2 Years, State Jail, Up to $10,000 fine.
Possession of Marijuana 5-50 lbsThird Degree Felony2-10 Years Penitentiary, Up to $10,000 fine
Possession of Marijuana 50-2000 lbsSecond Degree Felony2-20 Years Penitentiary, Up to $10,000 fine.
Possession of Marijuana 2000+ lbsFirst Degree Felony5-99 Years/Life,Up to $50,000 fine*


  1. Theft | Fort Worth Theft Attorney

    Shoplifting is one of the most common offenses for which students are arrested. Almost every student accused of theft starts their story off the same way: “I wasn’t thinking, and I never thought I would get caught.”  A theft conviction is one of the worst convictions because it is considered a “crime of moral turpitude,” which could jeopardize scholarships, student loans, housing and employment opportunities.


Theft Under $50Class C Misdemeanor$0-500 Fine
Theft $50-500Class B MisdemeanorUp to 180 days in Jail,$0-2,000 fine
Theft $500-$1500Class A MisdemeanorUp to 1 year in Jail,$0-4,000 fine
Theft $1,500 – 20,000State Jail Felony180 days – 2 years, State Jail,Up to $10,000 fine
Theft $20, 000- 100,000Third Degree Felony2-10 Years Penitentiary,Up to $10,000 fine
Theft 100,000 – 200,000Second Degree Felony2-20 Years Penitentiary,Up to $10,000 fine
Theft over $200,000First Degree Felony5-99 Years/Life,Up to $10,000 fine


  1. Assault | Fort Worth Assault Attorney

    In Texas, you can be charged with assault bodily injury if you hurt another person. If that person was even slightly injured, you could be looking at a year in jail. If you have that same fight with a peace officer, you could be facing 10 years in the penitentiary.


Assault by ContactClass C Misdemeanor$0-500 Fine
Assault Bodily InjuryClass A MisdemeanorUp to 1 year in Jail, Up to $4,000 fine
Assault Public Servant – Bodily InjuryThird Degree Felony2-10 Years Penitentiary, Up to $10,000 fine
Aggravated Assault Deadly WeaponSecond Degree Felony

2-20 Years Penitentiary,

Up to $10,000 fine

Assault Public Servant – Deadly WeaponFirst Degree Felony

5-99 Years/Life,

Up to $10,000 fine


  1. Driving While Intoxicated | Fort Worth Driving While Intoxicated Attorney

    Being arrested for DWI is something that can happen to just about anyone who drinks in Texas. In Texas, you can be legally intoxicated with any level of alcohol in your system. That’s because the prosecutors have three ways to prove you were intoxicated:

    1. Blood Alcohol Concentration of .08 or greater, or
    2. Not normal mentally due to the introduction of alcohol into the body, or
    3. Not normal physically due to the introduction of alcohol into the body.

    The last two definitions mean a person could be intoxicated at almost any blood alcohol concentration. Additionally, if you have any detectable of alcohol in your system under the age of 21, you can be charged with Driving Under the Influence (DUI) even if you are not intoxicated. In Texas, penalty ranges for DWI can depend on your BAC., whether you have priors, and the age of the passengers in the vehicle.


Driving Under the InfluenceClass C Misdemeanor$0-500 Fine
Driving While IntoxicatedClass B Misdemeanor3-180 days in Jail,Up to a $2,000 Fine
Driving While Intoxicated Blood Alcohol Concentration Equal to or Above .15Class A MisdemeanorUp to 1 year in Jail,Up to a $4,000 fine
Driving While Intoxicated (Second)Class A Misdemeanor30 days to 1 year in Jail,Up to a $4,000 fine
DWI with Child PassengerState Jail Felony180 days – 2 Years State Jail,Up to $10,000 fine
DWI Felony (Third or more)Third Degree Felony2-10 Years Penitentiary,Up to $10,000 fine


  1. Criminal Trespass | Fort Worth Criminal Trespass Attorney

    Students are often charged with criminal trespass. This can occur when a group of students decide to enter restricted areas on campus, explore abandoned buildings, or return to a location where they have been prohibited.


Criminal TrespassClass B Misdemeanor3-180 days in Jail. Up to a $2,000 Fine
Criminal Trespass HabitationClass A MisdemeanorUp to 1 year in Jail, $0-4,000 fine


How to Avoid a Conviction and Not Go to Jail

If you are arrested for any of these offenses, call the law firm of Varghese Summersett. You will speak with a seasoned attorney who knows how to carefully analyze a case for its strengths and weaknesses. Our team consists of Board Certified Criminal Law Specialists and former state and federal prosecutors who have experience negotiating dismissals, no bills, and options that avoid a criminal conviction. Many first-time offenders are eligible for a diversion program. Call 817-203-2220 today to explore your options.


OutcomeConvictionCasesCan the Record Be Sealed?
DismissalNoAll types of casesExpunction Eligible
No BillNoFelony CasesExpunction Eligible
DIRECT Diversion ProgramNoDrug CasesExpunction Eligible
FAIP Diversion ProgramYesFelony DWI Cases No.
Veteran’s Diversion ProgramNo.VariesExpunction Eligible
DPP Diversion ProgramNo.First-time offenders including Theft and Possession of MarijuanaExpunction Eligible
Deferred AdjudicationNoAll misdemeanors, most feloniesExpunction on Class C offenses, Non-disclosures on everything else.


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