worriedforyou2
Junior Member
Texas
Possession of Marijuna under 2oz pulled over for expired registration.
What happens next and what will he face? Why if at all do we need a lawyer?
My brother, age 31, was recently pulled over for expired registration. The cop I guess smelled marijuana and asked him if he had ever been arrested for anything to which my brother (an idiot for even doing drugs) says he's been arrested for possession, correction paraphernalia. The cop looks him up and finds no record (as the arrest was dismissed). The cop asks him if he had some on him, he says yes and then the cop searches the car.
Not sure if the cop arrested him then searched or found the marijuana then arrested him. I've explained to my brother many times that the exact details matter a lot (he is not taking this very seriously and hopes to get off (by what I assume is magic). I know the cop could have arrested him for the expired registration and then done a search incident to arrest (cops can arrest for most minor things except speeding and open container). I'm not so concerned about the validity of the search. I'm worried about what happens next.
We bailed him out that night and then after the wait he was released. He has to show up in court next week. Is that just a plea hearing, a deal offering. No real details were listed other than be in court.
My brother is a first time offender because nothing shows up on his record, and his mirranda rights were not read before the "I've been arrested statement."
What will he face? I know the fine and 180 penalty max but what realistically will he get. This is in Harris County.
Also, why if at all do we need a lawyer.
Possession of Marijuna under 2oz pulled over for expired registration.
What happens next and what will he face? Why if at all do we need a lawyer?
My brother, age 31, was recently pulled over for expired registration. The cop I guess smelled marijuana and asked him if he had ever been arrested for anything to which my brother (an idiot for even doing drugs) says he's been arrested for possession, correction paraphernalia. The cop looks him up and finds no record (as the arrest was dismissed). The cop asks him if he had some on him, he says yes and then the cop searches the car.
Not sure if the cop arrested him then searched or found the marijuana then arrested him. I've explained to my brother many times that the exact details matter a lot (he is not taking this very seriously and hopes to get off (by what I assume is magic). I know the cop could have arrested him for the expired registration and then done a search incident to arrest (cops can arrest for most minor things except speeding and open container). I'm not so concerned about the validity of the search. I'm worried about what happens next.
We bailed him out that night and then after the wait he was released. He has to show up in court next week. Is that just a plea hearing, a deal offering. No real details were listed other than be in court.
My brother is a first time offender because nothing shows up on his record, and his mirranda rights were not read before the "I've been arrested statement."
What will he face? I know the fine and 180 penalty max but what realistically will he get. This is in Harris County.
Also, why if at all do we need a lawyer.