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  1. #1
    Join Date
    Mar 2011
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    Default Municipal Citation for Drug Paraphernalia in Texas

    My question involves criminal law for the state of: Texas

    My 21 year old son was arrested a couple of months ago on a possession charge and issued a drug paraphernalia citation in Texas. The car belonged to me (the father) and he was not driving due to a suspended license. He was a passenger. The person that was driving my son's car at the time is a felon out on probation. My son tells me that while getting out of the car to walk to their destination, his friend thru a bag of weed (less than 2 oz) under a vehicle parked in front of the car due to the approaching officers. My son also tells me that he had no idea that the frined was carrying the weed or that the paraphernalia was put in a compartment between the seats. He suspects that when he asked the driver to stop at a store and my son ran inside to make a purchase, the driver put the paraphernalia in the compartment. The Municipal prosecutor asked if my son had an affidavit from his friend admitting to the posession of the paraphernalia and he said he did not. It is interesting that after all of this time no charges have been filed against either. My questions related to the paraphernalia charge are:

    1. Should my son subpoena his friend, the driver, and put him under oath knowing that his friend could go back to jail?
    2. Can his friend be issued the citation if he signs an affidavit saying that the paraphernalia was his?
    3. We have asked for a trial…either by jury or bench. Which might be the better approach?
    4. My son and I cannot afford an attorney so what may be the best approach to this charge in court? He will have to defend himself.
    5. Chances of a favorable ruling?
    Thank you.

  2. #2
    Join Date
    Sep 2005
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    73,691

    Default Re: Municipal Citation for Drug Paraphernalia in Texas

    Your son has a lawyer, right? Your son should be working with his lawyer.

    His friend, presumably, would simply "take the Fifth" if subpoenaed to testify. It's questionable if he would be allowed to take the stand at a jury trial if that's what he would be expected to do.

    Anybody who confesses to a crime, in writing, to a prosecutor risks being charged with the crime.

    Your son should discuss the benefits of a bench trial vs. a jury trial with his lawyer. "My friend put it there" is a pretty common defense in drug cases, and not ordinarily particularly compelling.

    If your son has limited financial resources he should investigate to see if he qualifies for a court-appointed lawyer.

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