Possession or Delivery of Drug Paraphernalia in Texas
My question involves criminal law for the state of: Texas
I'm 17 and live in Houston. I was on the way back from San Antonio because I will be moving there to go to college and I had a job interview over there. Me and my best friend smoked once in the car and that's it. We ended up getting lost and the GPS took us down this road and hardly any cars were passing by or anything. That being said, I was speeding.
Then I saw a cop turn around and put his lights on. He came up to the car and asked me to get out. He asked me if there was anything in the car he needed to know about cause he smelled weed and I told him it was in the glove compartment. I had half an ounce with me, a vaporizer, a grinder, and a cigarillo.
He decided to issue me a citation instead of taking me to jail. On the citation it has under violations: Possession or Delivery of Drug Paraphernalia, then under Warnings it says - No Penalty assessed for the following: Speeding over limit. He said all I had to do was pay the fine and it would not be on my record.
I called the court yesterday to pay the fine but they said it wasn't showing up in the system yet, I asked the lady if I just paid the fine it would not show up on my record right? She laughed at me and said of course it will it's just like getting a speeding ticket. She said because of my age (17), the judge will probably make me not only pay the fine but also write an essay on the harmful effects of tobacco use, do 10 hours of community service, and go to an alcohol awareness class.
I really don't want this to be on my record, I will do anything I have to for it not to be. I know what I did was stupid as hell of me, but that's not the point and I do not want anybody harassing me or telling me what I did was wrong cause I know it was, all I want is some help.
My court date is August 11th, the cop said I just had to pay the fine by that day and it would not be on my record. But now talking to the lady at the court made me reconsider paying the fine, at the same time though I turn 18 August 19th, will this change the punishment? Will I have to appear in court that day and will I have to get a lawyer?
Re: Possession or Delivery of Drug Paraphernalia in Texas
If you are cited under Sec. 481.125(a) of the Health & Safety Code, that's a Class C misdemeanor. If you don't want that to appear on your record and cannot otherwise obtain a dismissal, you need to obtain a deferred disposition and then, after successfully completing the deferred sentence, petition for expungement.
I have no access to your ticket or the court record, and thus cannot tell you if you are able to plead guilty and pay your fine by mail -- but if you can and do, you will be convicted of the offense without the benefit of a deferral.