First time POM charge in Texas

[hdawnperry]

I got arrested for first the VERY first EVER on July 29, 2012. I was arrested for Possession of Marijuana less than 2oz. I got a class B misdemeanor.
I'm basically wandering what could be the outcomes of this when I go to court, since this is my first charge?
It was me and 3 other friends, and we had JUST gotten into our car and were about to leave when the 2 officers came to our windows shining their lights in on us. They claimed they had been following us for suspicious activity, which is dumb because all we had done was leave a bar and walk to our car, no we were not drunk, we were not yelling, being loud, or making a scene. But, we were using my mom's car. My mother is a heavy beer drinker so she had left beer cans in the car on the floor. Now, I understand seeing those empty beer cans gave them the right to search the car. After searching, they found a little less than a dime of weed, it was in my backpack but my friend told the cops that he had put the weed in my bag, and I was NOT driving that night, I was in the passenger seat.
Also, a few things I would like to point out:
1: I was NOT read my rights when I was arrested, are the officers no longer required to read me my Miranda Rights?
2. A guy that was with me told the officers it was HIS weed, not mine, yet they still arrested me and let him go free?
3. After they had me in hand cuffs, they released my car to a guy who had NO license, he had warrants out for his arrest (this is the same guy who claimed the weed), and they had asked me earlier if he was high, so they released my car to him, even though they were suspicious that he was under the influence.

Any thoughts on this?

 

[ERAUPIKE]

I got arrested for first the VERY first EVER on July 29, 2012. I was arrested for Possession of Marijuana less than 2oz. I got a class B misdemeanor.
I'm basically wandering what could be the outcomes of this when I go to court, since this is my first charge?
It was me and 3 other friends, and we had JUST gotten into our car and were about to leave when the 2 officers came to our windows shining their lights in on us. They claimed they had been following us for suspicious activity, which is dumb because all we had done was leave a bar and walk to our car, no we were not drunk, we were not yelling, being loud, or making a scene. But, we were using my mom's car. My mother is a heavy beer drinker so she had left beer cans in the car on the floor. Now, I understand seeing those empty beer cans gave them the right to search the car. After searching, they found a little less than a dime of weed, it was in my backpack but my friend told the cops that he had put the weed in my bag, and I was NOT driving that night, I was in the passenger seat.
Also, a few things I would like to point out:
1: I was NOT read my rights when I was arrested, are the officers no longer required to read me my Miranda Rights?
2. A guy that was with me told the officers it was HIS weed, not mine, yet they still arrested me and let him go free?
3. After they had me in hand cuffs, they released my car to a guy who had NO license, he had warrants out for his arrest (this is the same guy who claimed the weed), and they had asked me earlier if he was high, so they released my car to him, even though they were suspicious that he was under the influence.

Any thoughts on this?

1. Officers are not and have never been required to mirandize someone when arresting them.
2. Your friend got lucky. The officers decided the best case could be made against you. They could have just arrested everyone in the car.
3. The officers were being nice. They could have impounded your vehicle. This would have resulted in additional costs. You should advise officers that you would prefer them do that next time since releasing the car to your friend is unacceptable.

The severity of your punishment will depend largely on the county you were arrested in.

 

[BigMouthWino]

I got arrested for first the VERY first EVER on July 29, 2012. I was arrested for Possession of Marijuana less than 2oz. I got a class B misdemeanor.
I'm basically wandering what could be the outcomes of this when I go to court, since this is my first charge?
It was me and 3 other friends, and we had JUST gotten into our car and were about to leave when the 2 officers came to our windows shining their lights in on us. They claimed they had been following us for suspicious activity, which is dumb because all we had done was leave a bar and walk to our car, no we were not drunk, we were not yelling, being loud, or making a scene. But, we were using my mom's car. My mother is a heavy beer drinker so she had left beer cans in the car on the floor. Now, I understand seeing those empty beer cans gave them the right to search the car. After searching, they found a little less than a dime of weed, it was in my backpack but my friend told the cops that he had put the weed in my bag, and I was NOT driving that night, I was in the passenger seat.
Also, a few things I would like to point out:
1: I was NOT read my rights when I was arrested, are the officers no longer required to read me my Miranda Rights?
2. A guy that was with me told the officers it was HIS weed, not mine, yet they still arrested me and let him go free?
3. After they had me in hand cuffs, they released my car to a guy who had NO license, he had warrants out for his arrest (this is the same guy who claimed the weed), and they had asked me earlier if he was high, so they released my car to him, even though they were suspicious that he was under the influence.

Any thoughts on this?

Are you under 18? What county did the charges originate in? Is this other gentleman willing to come to court and say it was his weed if you plead not guilty and take this to trial?

 

[hdawnperry]

1. Officers are not and have never been required to mirandize someone when arresting them.
2. Your friend got lucky. The officers decided the best case could be made against you. They could have just arrested everyone in the car.
3. The officers were being nice. They could have impounded your vehicle. This would have resulted in additional costs. You should advise officers that you would prefer them do that next time since releasing the car to your friend is unacceptable.

The severity of your punishment will depend largely on the county you were arrested in.

You're wrong. I spoke with a probation officer who informed me that the cops are supposed to read me my rights when I'm being arrested. So, thanks, but try again.

 

[hdawnperry]

Are you under 18? What county did the charges originate in? Is this other gentleman willing to come to court and say it was his weed if you plead not guilty and take this to trial?

The county is Brazos County.
But, another thing is, I live in another state now..
I'm getting ready to take me SAT's and got to college, I have a job up here now..

 

[Zigner]

You're wrong. I spoke with a probation officer who informed me that the cops are supposed to read me my rights when I'm being arrested. So, thanks, but try again.

Please have the probation officer cite some sort of legal requirement for this. I'll bet he can't

 

[CavemanLawyer]

hdawnperry I can assure you that this probation officer is wrong. Feel free to look up the case that deals with this issue at the federal level. They are called Miranda warnings for a reason so you shouldn't have trouble finding the case available online via a google search.

Every state has codified (put into statute) Miranda warnings into their own State's statutes. In Texas it is contained in the Code of Criminal Procedure section 38.22. Take a look at it or any other state's applicable statute. Miranda warnings must be given to an individual when they 1) are in custody and 2) are being interrogated. Violation of Miranda or, in Texas, 38.22 means that any custodial statement you gave cannot be introduced in your trial against you.

Reading your rights as they slap the cuffs on you does happen sometimes but its generally something you only see on tv shows. There is certainly no requirement that it be done.

 

[BigMouthWino]

The county is Brazos County.
But, another thing is, I live in another state now..
I'm getting ready to take me SAT's and got to college, I have a job up here now..

It is a misdemeanor. If your never plan on returning to Texas or passing a criminal background check you can ignore it. If you plan on going back or need a clean record you will have to return to face the charges.

I'll ask again - are you under 18? Are you charged as an adult or as a juvenile this makes a huge difference....

 

[CavemanLawyer]

That is terrible advice to suggest to someone that they should just ignore a charge. It may be a misdemeanor but it can still result in a sentence of up to 6 months in jail. If he ignores these charges a warrant will issue and the next time he gets pulled over for speeding he will be arrested and, at a minimum, sit in that county's jail while they wait to see if Texas wants to extradict.

The age at which someone because criminally responsible as an adult in Texas is 17 not 18. I agree that would make a big difference, but it sounds like he was "arrested" which means that he is not a juvenile.

Hire an attorney and see what they can do for you. Be aware that convictions for drug charges can exclude you from federal student loans.