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  1. #1
    Join Date
    Mar 2014
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    2

    Default Citation for Drug Paraphernelia in Texas

    My question involves criminal law for the state of: Texas

    Was driving into a gated neighborhood and not being able to get in I turned around and left when a LEO saw me and pulled me over. Upon getting to my window he claimed he saw a "leafy green substance" on my console to which he asked me to step out so he could search the vehicle. Well, he found less than a gram of weed, three pipes and a bong. The officer was nice enough to just issue a citation for Possession of Drug Paraphernalia which from what I understand is a fine of $566 according to the citation.

    I am 19 years old and the only other run in with the police I've had is a citation for yielding at a stop sign.

    What are my options as far as having this charge not appear on my record or when applying for jobs? Anyway i can do community service for the fine?

    Thanks

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Citation for Drug Paraphernelia in Texas

    You drive around with marijuana sitting on your dashboard? Not a good idea.

    If we're talking about H&S Code, Sec. 481.125(a), that's a Class C misdemeanor. If you get a deferred sentence for a Class C misdemeanor, upon successfully completing your sentence you are eligible to petition for expungement. Also, many jurisdictions offer first offender programs for simple possession that can allow somebody to avoid a criminal record for this type of offense.

  3. #3
    Join Date
    Mar 2014
    Posts
    2

    Default Re: Citation for Drug Paraphernelia in Texas

    Substance was in the most minute amounts, honestly dont know how he could have seen it.

    How do I go about getting a deferred sentence?

  4. #4
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Citation for Drug Paraphernelia in Texas

    Quote Quoting coolguy416
    View Post
    Substance was in the most minute amounts, honestly dont know how he could have seen it.

    How do I go about getting a deferred sentence?
    While you may not notice it, I bet you could have seen it easily. That is the difference, he is actively looking for it. When you get into a habit of something (like marijuana) you stop noticing all the signs you scatter about of your habit because you forget it is illegal. You remember, of course, it is just that you do not really think about it any more. The officer remembers. It is his job to remember, and to look and to notice.

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