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First Offense Public Intoxication And Paraphernalia, Tennessee

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  • 03-12-2008, 08:18 AM
    d1720
    First Offense Public Intoxication And Paraphernalia, Tennessee
    Cited for public intoxication (not driving at the time) and, after consenting to search of vehicle... also charged with possession of drug paraphernalia (hemostats with marijuana residue found in luggage in trunk) which I wasn't aware was even in the vehicle, as I didn't leave them there.

    Although I consented to being tested at the time of arrest, I was never actually tested- either before or after my arrest.
    I was held from Thursday evening until Saturday afternoon (posted $2000 bond).
    I'm not a legal resident of Tennessee.
    Now, I'm facing first ever charges in my life (almost 50 years)........... Initial court appearance is later today. (arraignment hearing)
    What should I expect ??
    Must I represent myself & enter a plea on charges, or will I be given option of public defender representation at a later date ?
  • 03-12-2008, 05:42 PM
    d1720
    Re: First Offense (Tennessee)- P.I. & Drug Paraphernalia
    (Update)
    Went to court today for arraignment hearing. Pretty straightforward so far.
    Was given a court date near the end of May and granted court-appointed counsel.

    Now, I just need some advice.........

    a) When police were called & arrived, I was outside of my car at a convenience store, so they didn't pursue DUI/DWI charge (as stated in my original post, I was only charged with P/I). However, I was never actually tested even though I consented, so will the P/I charge stand any chance of being dropped ?

    b) on the possession of drug paraphernalia charge..... another family member (not present at the time of my search/ arrest) later admitted to me that there was both the pair of hemostats with marijuana residue and a couple of straws (cut to about 3-4 inches) which possibly had powdered residue in them from a narcotic which was legally prescribed to them. I know that I'll probably take the fall for the marijuana residue, but is it even worth trying to have the findings from any tests on the straws suppressed from evidence, given that the residue (if any) was from a legally prescribed med to the family member ?

    I've not had any conversation with my court-appointed counsel yet, but I'm assuming that I should be totally forthcoming with everything I've stated here anyway. It would seem as though the worst thing I actually did was grant consent to search the vehicle for something that I honestly didn't know was there at the time, even though I assume that they would have just secured a warrant to do so if I had refused.

    Just thinking out loud here, so any meaningful advice/ guidance would be appreciated.

    Thanks in advance of replies...............:wallbang:
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