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Marijuana Possession
My question involves criminal law for the state of: Texas
Recently, I was arrested for marijuana possession as well as given a citation for drug paraphernalia. I don't deny the citation as I did have a pipe and grinder on me. What was really stupid of me is I took the blame for my friend's pipe and marijuana. The marijuana was NOT even mine but I didn't want to see my friend go to jail. (I know; dumb decision.) It was counted as a Class B misdemeanor. The thing is that I was arrested by a rookie, and I know for a fact that the guy was new to police work. He (the rookie) and the cop that he was accompanied by told us that they smelt marijuana AFTER they had searched the car. The cops didn't even ask to search the car. Am I able to hold that against the cops? Also, what are usual consequences for being found guilty? Again, it wasn't my weed and my father paid an extra $20 for my PR bond bail to avoid myself from having to have a parole officer immediately after release.
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Re: Marijuana Possession
If he could smell the marijuana before the search, he could smell the marijuana. You (and your lawyer) can try to argue that, as he only told you about the odor after searching, he didn't in fact smell the marijuana prior to searching, and that no exception to the warrant requirement applies under the circumstances.
If you have an otherwise clean record, explore whether you qualify for a first time offender's program that could allow you to avoid a criminal record.
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Re: Marijuana Possession
Thanks for your reply. I'm in the process of finding a lawyer/attorney at which when I do find one, I will bring up these points with him/her. I must also add that the cop didn't ask for my ID until they had searched me (emptying my pockets) while the car was being searched at the time as well. The point I'm trying to get at with this is that they didn't know if I was of age yet to be out late, which the curfew applies to everyone below the age of 17. My friend is 17 and I was 18.