First Time Possession

[Concerned..]

What is the name of your state (only U.S. law)? Texas

Hello. I'm looking for any advice to help me out here. I'm fairly ignorant with how the law regarding drug possession works and I'd like to be enlightened.
I've done research, but I can't find answers to some of my questions.
I'm going to try to make this as brief as possible.
I was at a friend's house, didn't smoke but got second-hand high, things happened, police showed up and everyone got charged with possession of drug paraphernalia.
Before going to my arraignment, I called the court house and the county clerk told me if I paid a fine of $266, I wouldn't have to go to court. I was going to set up a payment plan but I didn't have my ID with me, so I had to show up to court.

Showed up to court and plead not guilty, not understanding what the charge meant at the time, and no prosecutor was present. Also, the judge didn't tell me my punishment of pleading guilty and I didn't bother to ask because I didn't agree with the charges as I didn't understand.
Called the court house to schedule an appointment to speak with the prosecutor, but I was told to wait until the pre-trial.

Spoke to my friend and he says he has to go to court because I plead not guilty. What? Wouldn't he have had to go to court anyway since it was his house and we all (5 of us, others were there) got charged with possession of drug paraphernalia? Also, could anyone tell me if we all have the same case or if we all have separate cases? We all got arrested at the same time, but I don't understand how one person's plea affects the other unless it's all one case...??

However, now that I'm aware of what "possession" means, I will be changing my plea. Though, I'm satisfied with saying not guilty because it gives me the chance to speak to the prosecutor at the pre-trial to potentially get a plea bargain, and hopefully not have the charge on my record.

 

[burkevalocks]

What is the name of your state (only U.S. law)? Texas

Hello. I'm looking for any advice to help me out here. I'm fairly ignorant with how the law regarding drug possession works and I'd like to be enlightened.
I've done research, but I can't find answers to some of my questions.
I'm going to try to make this as brief as possible.
I was at a friend's house, didn't smoke but got second-hand high, things happened, police showed up and everyone got charged with possession of drug paraphernalia.
Before going to my arraignment, I called the court house and the county clerk told me if I paid a fine of $266, I wouldn't have to go to court. I was going to set up a payment plan but I didn't have my ID with me, so I had to show up to court.

Showed up to court and plead not guilty, not understanding what the charge meant at the time, and no prosecutor was present. Also, the judge didn't tell me my punishment of pleading guilty and I didn't bother to ask because I didn't agree with the charges as I didn't understand.
Called the court house to schedule an appointment to speak with the prosecutor, but I was told to wait until the pre-trial.

Spoke to my friend and he says he has to go to court because I plead not guilty. What? Wouldn't he have had to go to court anyway since it was his house and we all (5 of us, others were there) got charged with possession of drug paraphernalia? Also, could anyone tell me if we all have the same case or if we all have separate cases? We all got arrested at the same time, but I don't understand how one person's plea affects the other unless it's all one case...??

However, now that I'm aware of what "possession" means, I will be changing my plea. Though, I'm satisfied with saying not guilty because it gives me the chance to speak to the prosecutor at the pre-trial to potentially get a plea bargain, and hopefully not have the charge on my record.

I believe that the DA's office charging you and your friends not together because since it would be one case if one person is proven not guilty then you would all be let go. So thats why the DA is doing it one person at a time to get more convicted charges.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

Hello. I'm looking for any advice to help me out here. I'm fairly ignorant with how the law regarding drug possession works and I'd like to be enlightened.
I've done research, but I can't find answers to some of my questions.
I'm going to try to make this as brief as possible.
I was at a friend's house, didn't smoke but got second-hand high, things happened, police showed up and everyone got charged with possession of drug paraphernalia.
Before going to my arraignment, I called the court house and the county clerk told me if I paid a fine of $266, I wouldn't have to go to court. I was going to set up a payment plan but I didn't have my ID with me, so I had to show up to court.

Showed up to court and plead not guilty, not understanding what the charge meant at the time, and no prosecutor was present. Also, the judge didn't tell me my punishment of pleading guilty and I didn't bother to ask because I didn't agree with the charges as I didn't understand.
Called the court house to schedule an appointment to speak with the prosecutor, but I was told to wait until the pre-trial.

Spoke to my friend and he says he has to go to court because I plead not guilty. What? Wouldn't he have had to go to court anyway since it was his house and we all (5 of us, others were there) got charged with possession of drug paraphernalia? Also, could anyone tell me if we all have the same case or if we all have separate cases? We all got arrested at the same time, but I don't understand how one person's plea affects the other unless it's all one case...??

However, now that I'm aware of what "possession" means, I will be changing my plea. Though, I'm satisfied with saying not guilty because it gives me the chance to speak to the prosecutor at the pre-trial to potentially get a plea bargain, and hopefully not have the charge on my record.

Because you admit you are "ignorant with how the law regarding drug possession works," it is important that you consult with an attorney in Texas before you appear in court again.

Pleading guilty to the possession charge without knowing exactly what that means is a big mistake, so you were smart to initially plead not guilty. A not guilty plea provides you with time to seek legal assistance.

If you pay the fine (which is another way of admitting guilt) or if you plead guilty or if you are convicted of possession of marijuana, you will have a criminal record which can affect your life in all sorts of terrible ways. You will find it more difficult to get a job, loans can be denied or rates to obtain them high, school choices may be limited, you face out-of-country travel restrictions ...

Here is a link to the laws: http://norml.org/laws/item/texas-penalties--2

Even if you and your friends were all charged with the same offense, one of you may have a better defense to the charge than the others.

 

[Concerned..]

Thank you for your responses.

I did my research a couple weeks ago about what the penalties are in my state.
My only concern was if everyone was on the same case. I didn't understand why my plea would affect my friends' plea.

As I said, I'm satisfied with my plea because it gives me an opportunity for a plea bargain that could work well in my favor.
The attorney I talked to, very briefly, said the city prosecutor is a fair man and will most likely work with me since it's only a Class C Misdemeanor and my first offense. He advised me to speak with the prosecutor before my court date, but I can't do that, according to the county clerk because a pre-trial is scheduled.

I just wish I could talk to him sooner than the pre-trial date and get it over with. The pre-trial date is set all the way in December. I'm ready to hear his plea bargain and plea guilty already. As long as it isn't on my record, I will do whatever I have to since the penalties are, in my opinion, very minimal.

 

[quincy]

Thank you for your responses.

I did my research a couple weeks ago about what the penalties are in my state.
My only concern was if everyone was on the same case. I didn't understand why my plea would affect my friends' plea.

As I said, I'm satisfied with my plea because it gives me an opportunity for a plea bargain that could work well in my favor.
The attorney I talked to, very briefly, said the city prosecutor is a fair man and will most likely work with me since it's only a Class C Misdemeanor and my first offense. He advised me to speak with the prosecutor before my court date, but I can't do that, according to the county clerk because a pre-trial is scheduled.

I just wish I could talk to him sooner than the pre-trial date and get it over with. The pre-trial date is set all the way in December. I'm ready to hear his plea bargain and plea guilty already. As long as it isn't on my record, I will do whatever I have to since the penalties are, in my opinion, very minimal.

Well, if you have it all planned out and you are satisfied you will be offered a plea bargain by the prosecutor that will keep the offense off your record, and you think the penalties for possession are minimal anyway, I guess that is that.

I guess I can only recommend that you stay out of trouble from here on out. The prosecutor will not be as kind to you on a second offense.

Good luck.

 

[Concerned..]

Thank you very much Quincy!

Also, would you happen to know if since all of my friends got arrested at the same time, if we'd all have to go to court on the same day and speak to the judge/prosecutor as a group? We didn't have to plea as a group, so it only makes sense that our cases are separate.. right?
I don't know, my friend threw me off when he said, "Why did you plea not guilty?You do realize I have to go to court now."

And he said his friends have to fight the case now. I'm so confused...
Everyone was there so we're all guilty. I'm not sure why my not guilty plea affects them. Is it because it was a house??? My friend doesn't know why I plead not guilty and personally, I feel like it doesn't matter if he knows why or not because it's already said and done.
Could any light be shed on why my plea might affect everyone?

 

[CavemanLawyer]

In Texas every person is always charged separately regardless of the offense and regardless of the circumstances. Whether each person has to show up to court on the same day or not is something entirely up to how the court chooses to schedule its docket. No person's case resolution has any direct impact on any other person's case unless they make that a part of the plea bargain. For example a defendant can receive a certain plea bargain in exchange for testifying against a co-defendant, etc... If you are confused about your friend's assumption that your plea has now effected his case, its entirely possible that your friend is just the one confused. Do what you think is right on your case and it really shouldn't have much impact on the others.

 

[Concerned..]

Thank you, CavemanLawyer for clarifying.

I've been worried about my friend the whole time.
It just didn't make sense as to why he would have to go to court "now" when everyone was arrested and charged with the same crime to begin with.
All I can do now is get an attorney, maybe, the attorney I spoke with was pretty adamant about the city prosecutor being fair in regards to a Class C misdemeanor and a first offense and not having it on my record. I don't know, as long as I can find someone to represent me before December, if deemed necessary, I will see to it.

Again, thanks for all of the responses!

 

[quincy]

... I've been worried about my friend the whole time.
It just didn't make sense as to why he would have to go to court "now" when everyone was arrested and charged with the same crime to begin with.
All I can do now is get an attorney, maybe, the attorney I spoke with was pretty adamant about the city prosecutor being fair in regards to a Class C misdemeanor and a first offense and not having it on my record. I don't know, as long as I can find someone to represent me before December, if deemed necessary, I will see to it.

Again, thanks for all of the responses!

First, we always appreciate thanks, Concerned, so thank you for thanking us.

One thing not mentioned yet that can potentially have an impact on your case and what the prosecutor decides to do with it is your relationship with your friends - and what you say to them and others about the charges you all share.

If you already had an attorney, the attorney would probably advise that you not talk about the possession charge to your friends or to anyone else. You need to worry about what happens to you and not what happens to your friends, as hard as this may be for you to do. If the prosecutor believes that you, together with your friends, have not learned anything from the arrest, he may not be willing to give you a second chance (if a second chance is even being considered by the prosecutor).

Again, it is recommended that you have an attorney assist you. The attorney will do his best to see that your future is not compromised by a misdemeanor conviction appearing on your criminal record. And be sure to stay away from drugs and friends who use them. You do NOT want a second offense/arrest/charge. Subsequent offenses have much harsher penalties attached.

Good luck.