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  1. #1
    Join Date
    Jun 2012
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    Texas
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    Default Possession of Drug Paraphernalia Ticket Without Arrest

    My question involves criminal law for the state of: Texas

    I was pulled over for speeding. The officer saw a pack of rolling papers in plain view and asked me out of the car, patted me down and placed in handcuffs on the side of the highway. While detained, said he was going to search the car and I should tell him if I have anything he needed to know about. I told him about the 3 grams of marijuana in my glove compartment, and the firearm in my center console. He ran the gun and it came back fine (which I knew it would) and told me that I could have seen felony charges if I had lied. He stomped the marijuana, gave me back my firearm and wrote me a ticket for Possession or Delivery of Drug Paraphernalia (issued a warning for speeding) and sent me on my way. This was in Colorado County.

    I have never had a drug related offenses, the papers were in a pack and had zero residue on the paper material but I cannot say if the same is true for the box/package holding the rolling papers. I am in college, receiving financial aid, I have hopes of working in a Federal LE field but it is my understanding that this is one of those "for life" charges.

    I apologize if I'm using the wrong terms, but I basically want to know if there is any way this incident will not show up on background investigations if I use an attorney or am I screwed? I am more than willing to do community service or something with a lesser charge.

    Thank you

  2. #2
    Join Date
    Jan 2012
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    Tacoma, WA
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    Regardless of whether you get the charge reduced to something else, or even dismissed, a law enforcement background check is going to reveal the arrest. They will know what you were arrested for and will question you about the details...probably while you are monitored by a polygraph.

    A single marijuana related arrest will probably not disqualify you "for life" from a LE career. However, they will want it to be several years in your past...probably at least 3-5 years. But, seriously??? You are college age...an adult. And, you have already decided on a law enforcement career. Yet, you are still f$cking around getting high and carrying weed in your car? While the arrest will not be immediately disqualifying, expect your judgment to be questioned and closely evaluated!
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  3. #3
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    Jun 2012
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    Texas
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    Quote Quoting PTPD22
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    Regardless of whether you get the charge reduced to something else, or even dismissed, a law enforcement background check is going to reveal the arrest.
    Does being detained on the side of the highway equal an arrest? I've never been in cuffs before. Honestly I didnt consider the papers to be criminal since they were unused and I had no roaches in the car to say that I did use them in that manor. I know ignorance of the law doesnt validate my reasoning, but still.

  4. #4
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    Quote Quoting eagles53
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    Does being detained on the side of the highway equal an arrest?
    No, but getting a criminal citation for paraphernalia equals an arrest.

    Quote Quoting eagles53
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    Honestly I didnt consider the papers to be criminal since they were unused and I had no roaches in the car to say that I did use them in that manor.
    It was more the 3gm of weed that was found with the papers that show they were intended to be used in that manor.

    BTW, do you really grasp just how big a break this cop gave you?
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  5. #5
    Join Date
    Jun 2012
    Location
    Texas
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    I fully understand and appreciate it. I'm glad my honesty came in handy for once.

    - - - Updated - - -

    I have another question. Should I get a lawyer that practices in that county? I am looking at attorneys and some of the better ones are from the big cities. If I can, I'd like to get it dismissed before trial that way I will not have it on my record at all.

  6. #6
    Join Date
    Apr 2006
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    Midwest
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    Quote Quoting PTPD22
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    No, but getting a criminal citation for paraphernalia equals an arrest.
    Once the handcuffs went on he was under arrest. "Arrest", an actual restraint of the person of the defendant, or by his or her submission to the custody of the officer......"

    Even without being cuffed, as long as his freedom of movement was restricted, he was under arrest. He was then cited and released other than taken in and booked.
    "Stupidity is the only universal capital crime; the sentence is death.
    There is no appeal and execution is carried out automatically without pity."
    Robert A. Heinlein

  7. #7
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    Jan 2012
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    Quote Quoting souperdave
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    Once the handcuffs went on he was under arrest. "Arrest", an actual restraint of the person of the defendant, or by his or her submission to the custody of the officer......"
    Well, handcuffs are not needed for an arrest to be an arrest. That is certainly one consideration to any evaluation of whether an arrest occurred or not, but it is not conclusive. A person can be arrested but never handcuffed or a person can be cuffed without ever being arrested. In the OP’s case, regardless of whether he was cuffed, put in the back of the patrol car, or whatever, he was arrested. If he was released with a criminal citation, by definition he was released from arrest.

    Quote Quoting souperdave
    View Post
    Even without being cuffed, as long as his freedom of movement was restricted, he was under arrest. He was then cited and released other than taken in and booked.
    Well, you are partially correct. However, restricting freedom of movement does not automatically equal arrest. A police officer can detain (restricting movement) without ever arresting. See Terry v. Ohio. If a police officer stops a speeder, that driver is detained and not free to leave (restricted movement). However, the officer can release that person with an infraction citation or a simple warning – no arrest.

    To OP, I would suggest an attorney local to the particular court.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  8. #8
    Join Date
    Jun 2012
    Location
    Texas
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    Default Re: Possession of Drug Paraphernalia Ticket Without Arrest

    Would an attorney in the county actually fight for me though? I am really concerned about this staying on my record. I dont want to be somebody else's stepping stone or to be just another misdemeanor case. I know I messed up and will accept appropriate punishment but not to the extent where it will haunt me for the rest of my life.

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