Drug Paraphernalia Consequences

[amandazellner]

My question involves criminal law for the state of: TEXAS

Ok, so I'm asking this question regarding a friend who is freaking out regarding college/ future career because of this...

Wednesday, April 16th, my friend was driving home from college for the weekend. He got pulled over because his license plate light was out (of course!) and when the cop approached his passenger side, he asked for his license, insurance, yadda yadda. When my friend proceeded to get his insurance out the glove box, BOOM there was his grinder(why it was in there idk).. Anyways, the cop asked my friend to get out of the car and come sit with him in his cop car... as he looked up his info, he made small talk with my friend and eventually got to the question of... "So, do you do any drugs?" and he replied of course, "No." Then the cop goes, "well I seen a grinder in your car, what's that used for?" and my friend goes "ok, it's used for weed sir." and the cop goes "well in the state of texas blah blah its illegal to possess this blah blah i need to search your car, is there anyting else i need to know about?" and my friend goes "yes, there's a pipe.." and the cop follows him so he can get the grinder and pipe for him. Then the cop puts on gloves, asks my friend to stay in his cop car, ad searches the car. After finishing his search, he tells my friend "yeah i didn't find anything else blah blah but I have to confiscate your paraphernalia and write you a citation, but I'm not taking you to jail."
In the end, my friend gets ONE citation although he had two objects, he gets one citation, never once got put in cuffs, and was free to go. He has a court date in a few weeks, but he's been stressing a lot. He's a good friend of mine and I hate to see him this way. He has never gotten in any sort of trouble and this is first offense. He has many questions... If anybody can answer any of these with COMPLETE HONESTY, then that would be so much appreciated!!!
1.) How much do you think his ticket will be?
2.) Other than a fine, what else do you think he will have to do?
3.) Is there a possibility he could do something so he gets a lesser charge OR so it won't be on perm record?
4.) Will it even be on his perm. record?
5.) Will this affect his recent acceptance into a University?
6.) Will this affect his financial aid for college?
7.) He wants to go into the Engineering industry, Will this affect this?
8.) Will they even see this on his record since its a misdemeanor?
9.) Will this ever erase/disappear from his record or is there anything he can do to get this off his record?

Thank you!!!!!!
He's 21, male, TEXAS.

[PTPD22]

1.) How much do you think his ticket will be?

What specific statute is he charged with violating?

2.) Other than a fine, what else do you think he will have to do?

There could be several other court ordered activities. Community service, drug classes, probation, etc. Some of the possible mandates will depend on whether he is simply tried (and convicted) on the charge or whether he is offered a diversion or differed prosecution.

3.) Is there a possibility he could do something so he gets a lesser charge OR so it won't be on perm record?

If he is offered a diversion or differed prosecution, it is likely that the charge will be dismissed as long as he successfully completes the terms of the agreement. However, that only means that he will not have a conviction. There will still always be a record of the arrest and subsequent judicial action.

4.) Will it even be on his perm. record?

Again, it all depends on what you mean by "perm record." If the charge is dismissed after completion of a diversion or differed prosecution, then no conviction will show on a criminal history report available to most employers. But, like I said above, there will still be a record of the arrest and judicial action…forever and always.

5.) Will this affect his recent acceptance into a University?

It might. Only the specific university can answer that for sure. But, I think it is safe to say that it certainly won't help.

6.) Will this affect his financial aid for college?

Again, it might. Depends on the specific "financial aid" he is applying for.

7.) He wants to go into the Engineering industry, Will this affect this?

Once more, it might. I know of no law that prohibits convicted pot heads from designing buildings and bridges…but, maybe there should be. If I was an employer in the engineering field, I would certainly take a long, hard look before deciding to hire a known pot head.

8.) Will they even see this on his record since its a misdemeanor?

Again, it depends on what you mean by "they" and "record." A misdemeanor is a criminal offense and his arrest, conviction, differal, etc. will be permanently recorded. As to who will have access to that information and where it will be recorded will vary with the ultimate outcome.

9.) Will this ever erase/disappear from his record or is there anything he can do to get this off his record?

I don't know what the laws are in Texas regarding expungement. Someone with more specific knowledge will have to weigh in on that one.

The bottom line is that your friend made a conscious decision to engage in behavior that he knew was illegal and carried consequences. The time to conduct the risk-reward evaluation was before engaging in the illegal conduct. Now the time for such worries is past. Now all your friend can do is hire a lawyer and see what can be done to minimize the impact his poor judgment will have on the rest of his life.

[amandazellner]

Thanks for all your responses. Referring to him as a "pothead" and having the last line of "The bottom line is that your friend made a conscious decision to engage in behavior that he knew was illegal and carried consequences. The time to conduct the risk-reward evaluation was before engaging in the illegal conduct." are both unnecessary. I believe he is aware he put himself in that position and I believe he is aware that it carries consequences. Thanks for being a helpful smartass.

[PandorasBox]

Um...he is a pothead. And he is responsible for the position he placed himself in.

If you want better advice, find a local lawyer for $1500+.

[brownj12]

7.) He wants to go into the Engineering industry, Will this affect this?

The "Engineering Industry" is incredibly broad. There are many employers who wont bat an eyelash at this. However if he is required to get a security clearance then it can become a bigger issue, it will at the very least require a deeper investigation into his background.

[PandorasBox]

And if he is required to have regular drug testing or DOT testing....you bet they will want random testing.