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  1. #1

    Default First Time Charge of Drug Paraphernalia in Texas

    Hello, I live in Austin,Texas and i was recently charged for possession of drug paraphernalia (PDP) in Lampases, Texas where there is a no drug tolerance . The driver had marijuana and a pipe in the car. i was sitting in the back seat of my the car and the pipe i was charged for was not mine nor was the marijuana. i did know the marijuana and pipe were in the car but did not own it, and still got charged with a class c misdemeanor. Is it possible that i can plea not guilty and this will not be on my record at all? This is my first ever incident with the police what soever and need HELP. I am currently working with my attorney, but he is not giving me much info on this terrible situation. Can anyone help me out on what to plea or which is the best way to handle this situation for someone in my position? THANKS.

  2. #2
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    Default Re: First Time Charge of Drug Paraphernalia in Texas

    You can try to fight the charge. I don't know what you or the driver told the officer, but if you admitted to knowing about the drugs and paraphernalia they may be able to build a case of constructive possession. If you get a deferral for a Class C misdemeanor, once your sentence is completed you should be eligible to expunge your record from the incident.

  3. #3

    Default Re: First Time Charge of Drug Paraphernalia in Texas

    Okay thankyou for your response.
    So would there be no possible way to have this charge dropped considering none of the paraphernalia was mine and i was in the back seat?

    Also i am new at this kind of process thank goodness... but, i have heard that being deferred is not the best way to go,, i heard dismissal is better to have on ones record? and is this possible for me to get?

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