paraphenelia charge

[bubbashoe]

What is the name of your state (only U.S. law)? texas...i amn 22 and i recently got pulled over and was issued a citation for delivery or possesion of drug paraphenelia... this is my first offense ever besides traffic ticketa...the cop smelled the odor of marijuana...i was 100 percent honest and told the cop there was a miniscule amount of marijuana and a handpipe in the center console ..he found it took it and gave me the citation...as far as i know this is a class c misdemeanor in the state of texas ...i was womdering if i would be eligible for defensive driving to dismiss this or if i could get deffered adjudication and will i need a lawyer present to get DA? ..my court date is this Wednesday... if someone could direct me or give me some useful info

 

[quincy]

What is the name of your state (only U.S. law)? texas...i amn 22 and i recently got pulled over and was issued a citation for delivery or possesion of drug paraphenelia... this is my first offense ever besides traffic ticketa...the cop smelled the odor of marijuana...i was 100 percent honest and told the cop there was a miniscule amount of marijuana and a handpipe in the center console ..he found it took it and gave me the citation...as far as i know this is a class c misdemeanor in the state of texas ...i was womdering if i would be eligible for defensive driving to dismiss this or if i could get deffered adjudication and will i need a lawyer present to get DA? ..my court date is this Wednesday... if someone could direct me or give me some useful info

You would be smart to have an attorney with you on Wednesday.

Possession of paraphernalia is a Class A misdemeanor subject to a $500 fine, but with a Class C misdemeanor charge for possession/intent to deliver, you risk one year in jail and a $4000 fine.

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

We have a Texas attorney who posts to this forum on occasion and he might be able to provide you with some additional information. Look for a post from CavemanLawyer.

Good luck.

 

[CavemanLawyer]

It sounds like you were charged with possession of narcotic paraphernalia which is a class C offense. It doesn't sound like there are any facts to suggest you delivered it which would make it a Class A. The fact that you received a citation and were released also indicates you were only charged with a Class C. This case will be filed with a justice of the peace court and when you go there you can either represent yourself and speak with the prosecutor or you can have an attorney appear with you or for you. Deferred adjudication is certainly a possible offer but there is no way to know what they will offer you until you appear or speak with an attorney who is familiar with that court's typical plea offers. Defensive driving wouldn't really make sense to resolve a drug charge but anything is possible.

 

[quincy]

It sounds like you were charged with possession of narcotic paraphernalia which is a class C offense. It doesn't sound like there are any facts to suggest you delivered it which would make it a Class A. The fact that you received a citation and were released also indicates you were only charged with a Class C. This case will be filed with a justice of the peace court and when you go there you can either represent yourself and speak with the prosecutor or you can have an attorney appear with you or for you. Deferred adjudication is certainly a possible offer but there is no way to know what they will offer you until you appear or speak with an attorney who is familiar with that court's typical plea offers. Defensive driving wouldn't really make sense to resolve a drug charge but anything is possible.

bubbashoe indicated his court date was today (Wednesday). Perhaps he will return to tell us what happened.

 

[mistman23]

My step-son got one of these drug paraphenelia tickets in South Texas this past summer. It was basically treated like a $530ish traffic ticket with court cost. Handled by JP court if that helps. Deferred adjudication was available depending on criminal history.

 

[quincy]

My step-son got one of these drug paraphenelia tickets in South Texas this past summer. It was basically treated like a $530ish traffic ticket with court cost. Handled by JP court if that helps. Deferred adjudication was available depending on criminal history.

The facts of each individual case will matter and bubbashoe did not really provide us with many facts.

Seeing as how bubbashoe went to court close to a month ago, though, and he has not returned to the forum, what happened to him may remain a mystery.