Texas first time offender possesion of under 2oz

[worriedforyou2]

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.

 

[JETX]

Is that just a plea hearing, a deal offering. No real details were listed other than be in court.

This is a hearing where the charges will be read and he will be asked for his plea. If he pleads guilty, punishment will be set (Very likely a fine, community service and license suspension). If he pleads not guilty, a date for trial will be set and he can ask for a public defender.

My brother is a first time offender because nothing shows up on his record

That does NOT make him a 'first-time'. He is a REPEAT offender and the court will likely have access to that record.

and his mirranda rights were not read before the "I've been arrested statement."

Miranda is not required.

What will he face? I know the fine and 180 penalty max but what realistically will he get. This is in Harris County.

He faces some fairly serious charges... that a conviction could very easily affect his career and/or life.

Also, why if at all do we need a lawyer.

Pretty simple. Little or no chance of a reduced or dismissal without PROPER legal representation.

 

[CavemanLawyer]

In harris county, and most other texas counties for that matter, arraignment is not formally done until right before trial. So you actually are not going to be entering a plea unless you are pleading guilty and accepting your sentence. When you go to court they are going to ask you if you want to hire an attorney, request a court appointed attorney (if you qualify), or waive an attorney. Unless you waive, you will be reset to get an attorney. If you waive an attorney you can speak to a prosecutor and receive a plea offer.

A typical offer on a class B marijuana charge with no prior criminal history is a fine (conviction) or deferred probation (no conviction if completed). His license will not be suspended regardless of what happens because because he is over 21. I do consider your brother a first time offender and the prosecutor should as well. Possession of narcotic paraphernalia is a class C ticket and does not even show up on an NCIC background check. It might show on the prosecutor's TCIC check if it was a harris county charge but if he wasn't convicted, I can't imagine they would bother holding that against him.

If you or your attorney do not accept a plea at that time you will be reset for another status conference. Depending on the type of case and the evidence involved, you have to come for at least two status conferences and then a disposition setting and not until then is the case set for trial. In Harris County, the defense attorney is not even allowed to set it for trial at the first hearing. They delay the process so they have time to prepare the case. That is how Harris county works.