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  1. #1
    Join Date
    Jan 2016
    Location
    Texas
    Posts
    4

    Default Can You Keep a Drug Paraphernalia Charge Off of Your Record

    My question involves criminal law for the state of: Texas

    Ok, I'll try to be specific but to the point. I'm 28 and just moved into an unfamiliar neighborhood. I went to the grocery store and when I was on my way back home I took a wrong turn. When I realized it, I pulled into a driveway and turned around, regardless of the cop sitting there at least 100yds away, he started to follow me but I kept going the way I needed to. He then saw that my registration was out and turned on his lights. He came up to my car, and could smell marijuana. Asked me to step out of my car. Then asked if there was anything in there. I was honest and told him where it was. Then pulled my pipe out after he asked if I had it and the first time I said no. Then he asked me if I knew about the street I turned off of because it was known for hard drugs and said it looked suspicious when I turned around. Even though I didn't do anything illegal when I turned around and there was no possible way he could have seen that my registration was out from that far away. I'm just wondering if there's anything I can do to not let it go on my record.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Cops are allowed to follow suspected criminals. All they need to stop you is an reasonable suspicion. The fact your registration was expired is way more than enough. They are allowed to ask if you're carrying illegal items. You gave it up.

    Not only will this be on your record, but you'll be subject to a six month license suspension.

    I'd talk to an attorney.

  3. #3
    Join Date
    Jan 2016
    Location
    Texas
    Posts
    4

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Even though the ticket is just for paraphernalia? He found more than that, but only ticketed me for the other. And I was hoping that maybe he didn't have reasonable suspicions to follow me just because I turned around. Should I go with a public defender, in your opinion? Or get my own. Not real sure. But I know it can't go on my record for fafsa reasons.

  4. #4
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Quote Quoting Culinarystar1329
    View Post
    Even though the ticket is just for paraphernalia? He found more than that, but only ticketed me for the other. And I was hoping that maybe he didn't have reasonable suspicions to follow me just because I turned around. Should I go with a public defender, in your opinion? Or get my own. Not real sure. But I know it can't go on my record for fafsa reasons.
    He doesn't need reasonable suspicion at all. You were carrying illegal paraphernalia, of course you're going to get charged for it.

    Are you asking for legal loopholes?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Paraphernalia is a violation of the Texas Controlled Substance Act (All of section 485.125) is the act and possession of paraphernalia is 485. and 521.372 of the Transportation Code says your license is automatically suspended when you violate the an offense under Controlled Substance Act.

    The officer doesn't need any reason to follow you.

    A public defender is for the indigent who can not afford counsel not some free default for those who are merely unwilling to pay for their counsel. If you are indigent, then you can ask the court at your first appearance for representation (the court needs to refer you to the PD office, you can't just contact them directly).

    On a sunnier note, I do not believe paraphernalia counts against you for FAFSA. Question 23 is pretty specific, it asks about possession or sale of ILLEGAL DRUGS.
    Have you been convicted for the possession or sale of illegal drugs for an offense that occurred while you were receiving federal student aid (grants, work-study, and / or loans)?

  6. #6
    Join Date
    Jan 2016
    Location
    Texas
    Posts
    4

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Thank you. And I am not looking for loopholes. I'm just trying to get information and the best possible outcome. But I appreciate your honesty.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Simple possession of drug paraphernalia under the Texas Health & Safety Code, Sec. 481.125(a), is a Class C misdemeanor. You can explore the possibility of getting into a diversion program, if available in your county and under the facts of your case, or of getting a deferred disposition -- if you get a deferral for a Class C misdemeanor, you can petition for expungement as soon as you successfully complete the deferral and the charge is dismissed.

  8. #8
    Join Date
    Jan 2016
    Location
    Texas
    Posts
    4

    Default Re: Can You Keep a Drug Paraphernalia Charge Off of Your Record

    Thank you. In your opinion how likely would it be if I tried to get one of those without an attorney?

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