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First Time Possession Of Paraphernalia In Texas

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  • 03-01-2008, 10:58 AM
    tkm85827
    First Time Possession Of Paraphernalia In Texas
    I recently received a citation for possession of paraphernalia in Texas. The cops found a homemade water pipe and a grinder.I have a clean record except for this, and I am wondering what I should do. I have heard deferred adjudication could get me a smaller fine and community service, is this true? Also, how do I go about filing for deferred adjudication? Do I just mail a letter to the judge requesting this?

    Thank you guys, this is my first time visiting this site, and I am pretty impressed.

    EDIT: Also figured I should add, I was not in a car, this was in my room.
  • 03-03-2008, 10:57 AM
    Mr. Knowitall
    Re: First Time Possession Of Paraphernalia In Texas
    Your sentencing options will vary depending upon your county, your background, the prosecutor's policies, and possibly also the attitude of the judge assigned to your case. So to find out your options you consult a local criminal defense lawyer or request a public defender, then talk to the lawyer about your options. No, you can't just mail a letter to the judge.

    There may be information available on your county court's website.
  • 03-03-2008, 11:23 AM
    4eyedbuzzard
    Re: First Time Possession Of Paraphernalia In Texas
    Quote:

    Quoting tkm85827
    View Post

    EDIT: Also figured I should add, I was not in a car, this was in my room.

    Where is your room? Parent's home? College? Private rooming house? If the police didn't have a warrant or exigent circumstances didn't exist, who let them in? What was their purpose/probable cause in entering and/or searching the room? Was the paraphernalia in plain sight once they entered? Lots of questions that an attorney would ask if you consulted one.

    Not telling you to plead either way, but there sure are a lot of loose ends regarding how it all went down. You might want to ask a lawyer about all this.
  • 03-03-2008, 09:25 PM
    tkm85827
    Re: First Time Possession Of Paraphernalia In Texas
    Quote:

    Quoting 4eyedbuzzard
    View Post
    Where is your room? Parent's home? College? Private rooming house? If the police didn't have a warrant or exigent circumstances didn't exist, who let them in? What was their purpose/probable cause in entering and/or searching the room? Was the paraphernalia in plain sight once they entered? Lots of questions that an attorney would ask if you consulted one.

    Not telling you to plead either way, but there sure are a lot of loose ends regarding how it all went down. You might want to ask a lawyer about all this.

    This was in my college dorm, the paraphernalia was hidden, but they had probable cause because my roommate admitted he had alcohol in the room. This is my first run in with the law, so I figured I could maybe get a lesser punishment, like community service or something. I am in McClennan county. My roommate was taken to jail because he had weed, but the cops told him I didn't have enough paraphernalia or whatever to be taken to jail. Thank you for the help guys.
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