Minor Caught After Curfew With Tobacco and Drug Paraphernalia

[Muffin1998]

My question involves criminal law for the state of: Texas. I live in Titus County. I am 16 years old and my parents do allow me to smoke cigarettes. I was parked at a gas station Saturday morning a little past midnight when the cops came up to the car I was in. (my mothers) They saw my cigarettes in my lap and I was honest in telling them they were mine. I had two packs as well as some cigars. The officer called a K-9 unit. They got a positive sign from the dog, and proceeded to search the car. They found a mason jar that I had marijuana in earlier that day, but nothing was in it when they confiscated it.

They ended up charging me with 1.Curfew 2.Tobacco MIP and 3.Drug paraphernalia/other. I have to go see the judge tomorrow and I'm not sure what to expect!

I know I will plea guilty for the curfew, but there wasn't any paraphernalia in the jar they took, so I was wondering how I should handle that. As well as some advice on the tobacco charge, if my parents say I'm allowed to smoke will they drop the charge? Or would my parents get in trouble, in which case would it be easier to just plea guilty on the tobacco charge?

[BooRennie]

Parents can give you permission to break laws, but that doesn't stop the laws from being enforced.

[Mr. Knowitall]

If the jar tests positive for marijuana residue, or if your confession is sufficient to establish that it was used to store your marijuana, it falls under the statutory definition of paraphernalia:

"Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes:... (J) a container or other object used or intended for use in storing or concealing a controlled substance;

A juvenile court will look at your home, school, community and prior police records and try to formulate a disposition that is in your best interest. Juvenile court is an odd place, in that you can get a more serious penalty for offenses than you might receive in adult court. Your post raises questions about the quality of supervision and guidance that you receive from your parents, and that could be of concern to the court.

[Muffin1998]

So would it even do anything for my mom to tell the judge that she allows me to smoke? Or would it just be useless information.

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Also, should I fight the paraphernalia charge or just plea guilty? How much would the charge be if I did plea guilty?

[cbg]

I would state it differently from BooRennie.

Your parents can make something legal, illegal in that they can forbid you to do something the law lets you do. But they cannot make the illegal, legal. So if they want to tell you that you cannot get your drivers license, for example, or forbid you to date. But they cannot give you permission to smoke because the law says that you cannot smoke at 16. All that means is that your parents, as well as you, are breaking the law.