• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possession of Peyote (TX)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ChristHeart

Junior Member
TEXAS

I am a formal member of the Native American Church, I was arrested for having an unknown quantity of Peyote after an illegal search and seizure by arresting troopers. Vehicle was forcefully searched against will without signed warrant, despite request, under "probable cause".... of "nervousness"...., despite the fact I was calm and clear headed, and polite.... I was detained for 26 days, I was refused a lawyer for two weeks, despite numerous requests to have an attorney appointed. I was also denied resources to acquire my own attorney... The jail staff members lied to me several times regarding the status of my case, and attempted to hold me for over 4 months on a charge which was deemed a CLASS A MISDAMEANOR by both the trooper and the appointed judge.... I was given paperwork that states this, which also states I am granted a right to one or more lawyers, including court appointed attorneys.... The charge is formally at the moment "possession of a controlled substance" class a misdemeanor.

Eventually, paperwork was faxed to acquire an attorney after 2 weeks of requests, I never met my attorney, only a secretary was sent to collect information for the courts. I was told more lies by jail staff about my trial, and the administrator told me I would be let out on two separate occasions, and on both of these occasions these promises were declined. I was eventually released on bail after 26 days in limbo... During my time in the jail, I was refused information regarding my case or lied to about it, or flat out ignored upon my requests for representation or otherwise... now I am receiving information from the courts that there is the possibility of a the charge being escalated to a felony for no apparent reason....., despite the paperwork by the judge which states it as a misdemeanor.... this has not yet solidified... my charges are being with-held still until analysis come back, and I am receiving different information from numerous parties including judge, attorneys, staff, and bonds company....

Peyote is protected under federal law as a religious sacrament, and I acquired the peyote legitimately on native American reservations.....

Apparently I am awaiting information from the DPS on the quantity of the medicine...., to determine charges, even though I was told by the judge before it was going to be charged as less than 28 grams.

Is there anything I can do in the mean-time?
I have work out-of-state which I could take to pay back the bond, and I need to be leaving the country soon upon previous arrangements...., I had plans to be in third world countries doing activism work with the native American church.... Can I still leave the country or state while I am awaiting trial? IS there anything I can do to make sure the charge remains a misdemeanor, and does not escalate in the mean time?
 
Last edited:


Mass_Shyster

Senior Member
TEXAS
I am a formal member of the Native American Church, I was arrested for having an unknown quantity of Peyote after an illegal search and seizure by arresting troopers.
Since this has already been determined to be an illegal search and seizure, your attorney should have no trouble having the evidence excluded and the charges dropped.

Peyote is protected under federal law as a religious sacrament, and I acquired the peyote legitimately on native American reservations.....
I'm curious as to what type of bona fide religious ceremony was taking place in your car.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top