Charged With Possession of Drug Paraphernelia After a Traffic Stop

My question involves criminal law for the state of: Texas
My boyfriend(18) and I(19) got high and went to red lobster. On our way home I was stopped for speeding by a state trooper. He smelled marijuana and told my boyfriend to get out of the car and continued to put him in hand cuffs. He pulled me outside of the car separate from my boyfriend and asked me where the weed was. He said that if I gave him the weed he would just give us a ticket and we would be in our way. If he searched the vehicle and found weed he would take us to jail. I told him that we didn't have any in the car so I let him search the vehicle. He search my car and found residue and rolling papers. He decided to give me a ticket for speeding and for drug paraphernalia. This is my first time offense and I am really scared about the consequences it will have on my future. I really don't know where to go from here.

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Quoting Kalanis

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I really don't know where to go from here.

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Go directly to the office of a criminal defense attorney and DO NOT talk about this to anybody else but the attorney, not even to your boyfriend because he will throw you under the bus if it keeps him out of jail.

I know I broke the law and I'm not making any excuse for that but I just had some papers in my car. If convicted it would effect my financial aid, and my work place. I don't have a whole lot of money and if I apply for a credit card I don't think I would be approved for very much because I don't have a whole lot of credit. Would a public defender be able to help me at all?

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Quoting Kalanis

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Would a public defender be able to help me at all?

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Sure. If you qualify for one.

Plead not guilty at your arraignment and ask for one.

Meantime, don't talk about this to anybody, not the cops, not your family, not your boyfriend.

I was advised to plead no contest? I really am not to sure what the difference is. I'm sure I would qualify for a public defender but from my very limited knowledge of the system (mostly from what I see on SVU or read in John Grisham novels) a public defender isn't someone who is able to do much of anything. I think (?¿) my case is an easy case so I was hoping that maybe they would be of assistance. I don't even know what to argue against in court. I just feel like my future shouldn't be ruined over this. Thanks for your help you can probably tell I am a mess :'-)

A public defender is going to be able to do more for you than you'll be able to do for yourself.

Advised by whom? No contest is tantamount to pleading guilty. Never plead other than not guilty unless you have legal counsel as to the implications of doing otherwise. TV (and to a great extent novels) is NOT reality. Do not base your legal decisions on that. Public defenders are attorneys. You were foolish to consent to the search.

The real problem is that a simple paraphernalia possession doesn't have the possibility of jail time so you may not be eligible for a public defender even if you are indigent. It's still a class C misdemeanor and will show up on your criminal record.

It looks like rolling papers are more than enough to support the conviction in your state. Since this is a class C misdemeanor, an option is the 'deferred disposition' which essentially is a informal probation (pay your fine, take a class, stay out of trouble) which will result in the charges being dismissed. If you are eligible for this, do not screw it up.

I'm aware of my lack of knowledge in this situation, I am not using council from tv shows. That's why I am using sites like this, because I know I need help and have limited recourses. Deferred disposition seems ideal to me, the most that I could hope for. Would I just mention that in court? I am currently scrounging up funds and looking into getting a lawyer.

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Quoting Kalanis

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I was advised to plead no contest? I really am not to sure what the difference is. I'm sure I would qualify for a public defender but from my very limited knowledge of the system (mostly from what I see on SVU or read in John Grisham novels) a public defender isn't someone who is able to do much of anything. I think (?¿) my case is an easy case so I was hoping that maybe they would be of assistance. I don't even know what to argue against in court. I just feel like my future shouldn't be ruined over this. Thanks for your help you can probably tell I am a mess :'-)

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Who advised you if you don't have a lawyer? You know that SVU and John Grisham are fiction right? Public defenders usually have their own firms or work in private firms and have been lawyers for years. My ex's PD has been a lawyer for 20+ years and has his own firm.

Plead not guilty ask for a lawyer.

As I already clarified I had no intentions of using any book/tv shows as reference. A friend advised that if it really matters? Literally no help at all.

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Quoting Kalanis

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As I already clarified I had no intentions of using any book/tv shows as reference. A friend advised that if it really matters? Literally no help at all.

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Is your friend a lawyer? If no then do NOT take any advice from them as they have no clue what they are talking about.

You got advice - it was to get a lawyer asap. Either ask for a public defender and the court will assign one IF you qualify (they give you a sheet to fill out I believe). If you can't get a PD, go hire a lawyer.

Stop taking advice from your friends who have no legal background. Don't take advice from TV shows or books. Plead not guilty at your first appearance.

Deferred disposition, or pre-trial diversion, or what ever your jurisdiction calls it is the next best thing to a not guilty verdict. At your arraignment you can plea not guilty and then ask if the prosecutor can tell you if you qualify. If you've never had criminal charges before, you most certainly would qualify. If you do, you might be able to get the referral into the program at that time. If not, you can submit a financial affidavit to the court to see if you qualify to have an appointed lawyer. But, a lawyer cannot get you a better deal than the diversion program because that results in the charges being dropped if you perform everything you promise in your contract. Some jurisdictions assess a cost of defense when a public defender is appointed, and there's no sense paying that if you can get pre-trial diversion without incurring that expense.