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caught with under 1 gram of meth

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jpf2006

Junior Member
What is the name of your state?texas

i was pulled over by the police for scrapping a curb with my tire on a turn the officer took my license and insurrance and then asked me to step out of the vehicle i did and my passenger was told to stay seated. he searched me and i had nothing then he searched my friend and he had nothin so he asked me if he could search my car i asked him if he had a warrent he said no so i told him i would like to see a warrent before he xan search my car another officer came and they talked to each other and he came over and asked if i had been smoking pot i said no and he asked my friend who also said no so the officers said i smelled like pot and so did my car so they could search it which was a lie cause hey found no trace of pot any where on me or in my car but they found a baggie with .1 grams of meth in there which is less then a gram of meth and is said to be a stae felony in texas how much time min. to max could i be lookin at if i plead guilty and how much if i fight and lose? help cause the cop harrased me for being from another state because i just moved here from pennsylvania
 


jpf2006 said:
What is the name of your state?texas

i was pulled over by the police for scrapping a curb with my tire on a turn the officer took my license and insurrance and then asked me to step out of the vehicle i did and my passenger was told to stay seated. he searched me and i had nothing then he searched my friend and he had nothin so he asked me if he could search my car i asked him if he had a warrent he said no so i told him i would like to see a warrent before he xan search my car another officer came and they talked to each other and he came over and asked if i had been smoking pot i said no and he asked my friend who also said no so the officers said i smelled like pot and so did my car so they could search it which was a lie cause hey found no trace of pot any where on me or in my car but they found a baggie with .1 grams of meth in there which is less then a gram of meth and is said to be a stae felony in texas how much time min. to max could i be lookin at if i plead guilty and how much if i fight and lose? help cause the cop harrased me for being from another state because i just moved here from pennsylvania
Well you will defiantly go to jail in Texas.
I'm not really familiar with there law. But you could be facing between 1-25 years. Or because it is a possesion. You may just get probation and asked to seek treatment. If they give you treatment. Take it.
Treatment will keep you out of prison. Which is where your headed.
Actually any state you live in now. Meth is considered the worst drug in the country.
You being from Pennsylvania dosent help matters any. Now they have reported that to Pennsylvania. On there liscense in Texas.
Also you were in possesion of it. They had Probable cause to search your vehicle. Texas dosent require a signed paper like Ohio and Pa does.
 

justalayman

Senior Member
shawnintennesse said:
They had Probable cause to search your vehicle. Texas dosent require a signed paper like Ohio and Pa does.

How did they have prob cause. Although the OP states the police smelled MJ that doesn't mena they really did (although the OP didn't deny that he had smoked recently so maybe the police were right)
 
justalayman said:
How did they have prob cause. Although the OP states the police smelled MJ that doesn't mena they really did (although the OP didn't deny that he had smoked recently so maybe the police were right)
If they said they smelled Marijuana. They had probable cause.
Also remember if this was your house it would be a diffrent thing. But this is on a public Texas highway.
The thing here would be to try and prove that they didnt. Which is easier said than done.
Also Texas law dosent require a warrant to search your vehicle.

Remember this isnt a northern state.
Most southern states have a law in place. If they suspect drugs your in trouble.
 
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smutlydog

Member
jpf2006 said:
What is the name of your state?texas

i was pulled over by the police for scrapping a curb with my tire on a turn the officer took my license and insurrance and then asked me to step out of the vehicle i did and my passenger was told to stay seated. he searched me and i had nothing then he searched my friend and he had nothin so he asked me if he could search my car i asked him if he had a warrent he said no so i told him i would like to see a warrent before he xan search my car another officer came and they talked to each other and he came over and asked if i had been smoking pot i said no and he asked my friend who also said no so the officers said i smelled like pot and so did my car so they could search it which was a lie cause hey found no trace of pot any where on me or in my car but they found a baggie with .1 grams of meth in there which is less then a gram of meth and is said to be a stae felony in texas how much time min. to max could i be lookin at if i plead guilty and how much if i fight and lose? help cause the cop harrased me for being from another state because i just moved here from pennsylvania
If the police smelled pot and thier was no evidence found to back that claim up then at the motion to suppress hearing you have a good chance of walking.

You will need a good lawyer.

On the other hand you may not need a lawyer if they choose not to indict.
 
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smutlydog

Member
shawnintennesse said:
If they said they smelled Marijuana.
They had probable cause.
Also remember if this was your house it would be a diffrent thing. But this is on a public Texas highway.
The thing here would be to try and prove that they didnt. Which is easier said than done.
Also Texas law dosent require a warrant to search your vehicle.

Remember this isnt a northern state.
Most southern states have a law in place. If they suspect drugs your in trouble.
If they said they smelled Marijuana.They had probable cause.
No
They have to actually smell it.
 

justalayman

Senior Member
shawnintennesse said:
Which is what i said. If they smelled it. Then they have you...

No you said "if they SAID they smelled marijuana" there is a difference from if they actually did smell it.

And as far as different drug laws up north, not really there is no need for a warrant for drug search and seizure but still need probable cause.

And as far as the warrant situation for searching your car I believe this is a situation the supreme court (U.S.) dealt with and requires a search warrant. Obviously there are certain circumstances that would negate the need for a warrant.
 

Kane

Member
jpf2006 said:
What is the name of your state?texas

i was pulled over by the police for scrapping a curb with my tire on a turn the officer took my license and insurrance and then asked me to step out of the vehicle i did and my passenger was told to stay seated. he searched me and i had nothing then he searched my friend and he had nothin so he asked me if he could search my car i asked him if he had a warrent he said no so i told him i would like to see a warrent before he xan search my car another officer came and they talked to each other and he came over and asked if i had been smoking pot i said no and he asked my friend who also said no so the officers said i smelled like pot and so did my car so they could search it which was a lie cause hey found no trace of pot any where on me or in my car but they found a baggie with .1 grams of meth in there which is less then a gram of meth and is said to be a stae felony in texas how much time min. to max could i be lookin at if i plead guilty and how much if i fight and lose?
Possession of less than a gram of meth is a State Jail Felony in Texas. It carries from 6 months to 2 years. If you have not been convicted of a felony before, you're entitled to probation, under 42.12, section 15, CCP. All of that is true, whether you accept a plea offer or go to trial.

The prosecutor may, however, offer something - like deferred adjudication, or reduction to a misdemeanor - as an incentive to give up your right to a trial.

help cause the cop harrased me for being from another state because i just moved here from pennsylvania
The police can search your car, even without a warrant, if they (legally) pull you over, and smell marijuana. If the judge believes the police (that there was a smell) it won't matter that they didn't ultimately find any pot. The assumption will be that you smoked it.
 

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