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  1. #1

    Question Possession of Drug Paraphernalia in Texas

    I was pulled over recently in Texas for speeding. The officer found a small amount of stems in the car, (which I told him about when he asked), and an empty bag in my pocket. He ended up cutting me a break and writing me a citation for possession of drug paraphernalia and a citation for speeding. Both citations appeared on the same ticket. This is my first offense and I am eighteen years old. My questions are:

    1. Is there anything I can do to keep this off my record?
    2. Do I need to get a lawyer? Or can I try to get deferred adjudication on my own?

  2. #2

    Default Re: Possession of Drug Paraphernalia in TX

    More information on what happened... Since I was pulled over on the highway, the officer actually asked me to step out of the car, so that we could talk where he wasn't in danger of being hit by a car. He then walked over to the driver's side and inserted his head in my open window. He walked to the front of the car, and then inserted his head in the window again, practically smelling my console. He smelled marijuana. He asked me where it was, I told him, and he began to search my car. The officer never actually found any paraphernalia but only the stems.

    Did he have the right to stick his head in my car without my consent? My ticket says the reason for vehicle search is probable cause.

    I'm guessing he submitted the empty bag in my pocket as paraphernalia, because he threw the bag of stems in a trash can? Can I get this evidence thrown out?

  3. #3

    Default Re: Possession of Drug Paraphernalia in Texas

    please any help is greatly appreciated...

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Possession of Drug Paraphernalia in Texas

    The availability of deferred sentences or alternative dispositions in drug cases varies by state, and can also vary by county, so consider exploring with your county court to see what options are available. (Check their website to start.) It's possible to get an alternative sentence without a lawyer, but often easier with legal help.

    You're not going to get the search suppressed merely because he smelled the air in your car.

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