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Second Degree Felony Drug Charges

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  • 07-22-2012, 12:52 PM
    thankyou777
    Second Degree Felony Drug Charges
    My question involves criminal law for the state of: I was in Texas driving a friends vehicle when all of a sudden this car if flying down the road to catch up with my which was a state trooper. He came to the vehicle, asked for lisence and registration, which for some reason I didnt have my lisence but my knew my id number. He started asking me random questions "where are you coming from? Where are you going? Who's vehicle is this for? Etc" that last about 8-10 minutes. Went to go run my info. About 10 minutes later he comes to the vehicle and says the reason he pulled me over was because the lisence plate lights were out(when he intially pulled me over I asked what did he pulll me over for he kept saying lisence and registration and started tto notice he was getting ticked off because I kept asking him why he pulled me over). I sat in my vehicle for another maybe 5-7minutes until another officer pulled up. He then asked me to get out of the vehicle. Asked me if I had any weapons or iillegal sustances in my possession or in the car. I said no. He asked could he search it, I replied no you may not. He then got the dog from the officer car and stated that since I denied him of a search the dog was going to I suppose snoff tosee if anything was in the vehicle and sure nough there was marujania in the truck. Ive never been arrested for anything in my life and I was booked with possession (2 degree felony). I have a private lawyer who said it seems like they did an illegal search & have gotten advice from 3 other lawyers who said the same thing. Im still in denial about the situation but want to know will I be faced with jail time? I recented graduated college and intended on going back for dental hygiene but now puts a damper on my plans let alone if I will even be able to hold a lisence in my field. Any advice would be greatful.
  • 07-22-2012, 06:46 PM
    PTPD22
    Re: Second Degree Felony Drug Charges
    Well, without more details, I can't offer a more informed opinion. Presumably, the attorneys you have consulted have been able to review the officer(s) reports, etc., and have the relevant facts. From the information you have given, there could be some problems with the search...the duration of the stop being extended for a drug dog to respond comes to mind. However, if the cop had already smelled the marijuana himself, that might not be an issue.

    Yes, you could certainly be facing jail time if convicted. Yes, a conviction (even if jail is avoided) would negatively impact your career plans. Of course, the time to worry about those considerations was before you chose to transport marijuana across Texas. Continue to work with your attorney(s). They can advise you much more competently than those of us who do not have access to all the information.
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