Completely Clueless - Please Respond W/ Intelligible Input Only

TEXAS DPS PULLED ME OVER FOR EXPIRED INSPECTION - GUILTY. OFFICER ASKED IF I WOULD CONSENT TO SEARCH OF VEHICLE OF WHICH I DID. DURING THE SEARCH, A McD'S STRAW (3-3.5" LONG) WAS FOUND IN A McD'S BAG ALONG WITH OTHER TRASH FROM THE 1-2 DAYS PRIOR. PROBABLY WAS MY MY 'TOOTHPICK' AT SOME POINT BUT OFFICER SAID IT 'APPEARED TO HAVE METH RESIDUE'. ANOTHER DPS OFFICER THEN ARRIVED FUELING THE FIRE TO SEARCH AND SEARCH SOME MORE - MY VEHICLE AND MY PERSON - ALL TURNED UP NOTHING OTHER THAN THE SHORT SLIGHTLY CHEWED STRAW. BOTH HIGHLY PISSED AND KEPT SEARCHING OVER & OVER- STATING 'I'M NOT STUPID - IF YOU JUST TELL ME THEN IT'LL JUST BE A LIL' OLE POSSESSION CHARGE....' BLAH BLAH BLAH. I END UP WITH A TICKET FOR THE EXP INSPECTION AND POSSESSION OF DRUG PARAPHENALIA!! I HAVE SERIOUS DOUBT AS TO THE RESIDUE BEING THERE AT ALL BUT THERE IS THE SLIM POSSIBILITY THAT ONE OF THE HIRED HANDS THAT DRIVES MY TRUCK ON ANY GIVEN WORKDAY WAS THE CULPRIT. WHAT DO I DO?? WHAT DOES THIS MEAN?? HOW DO I GO ABOUT THIS WITHOUT RUSHING OUT AND RETAINING AN ATTNY WITH A HUGE BILL IN TOW??? ANY ADVICE WILL BE VERY APPRECIATED AND NO SMARTASSES PLEASE.

https://forum.freeadvice.com/showthread.php?t=296705

For our readers pleasure!

So what may I ask did they do with this obviously illegal "drug paraphenalia?"

Did they confiscate it and keep it as evidence, or did they just leave it with you to throw away?

If it were me I would defiantely plead not guilty and request a trial by jury. Make sure they present this evidence before to the jury and let them decide.

You may be better of just pleading no contest and paying the fine. I received a ticket for possession of drug paraphenalia because I had a pair of hemastats in my purse (I had my mother bring them to me from her hospital because my son stuck a bead in his ear). I looked into fighting it and it really wasn't worth the trouble. I would have still been out pretty much the same about of money going to court and by pleading "no contest" there is no conviction record.

You can have the straw tested for drugs (which you will more than likely have to pay for) and take it to court and probably win if the test is negative, but you really won't be coming out ahead financially. Are you on probation for any other crimes right now?

My advice is, stop violating traffic laws, and you won't have to worry about your defense when you get pulled over.

AHA said:

My advice is, stop violating traffic laws, and you won't have to worry about your defense when you get pulled over.

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So if you violate one law its perfectly fine for police to make up other infractions on the spot to try to further intimidate you and screw you over?

Anyways my advice still stands you will want to plead not guilty and request a jury trial.

Police and prosecutors get away with crap like this precisely because many people do not think this through. They figure most people will just not want to deal with the hassle and will just pay out.

Sure its easier to do that, but then you will now have a criminal record and the next time a police officer accuses you of something then that charge is more likely to stick because why would the jury or anyone else take the word of a known criminal.

IMO even if you cant afford a lawyer and the court wont give you one it would be better to just go it alone, read up some more and learn what are the right things to ask officer when you get him up on the witness stand. The law aint exactly rocket science.

Also just the fact that you request a jury trial might be enough to get the prosecutor to drop the case. Maybe he might actually be a decent guy and have real criminals to bring to trial and decide your case isnt worth wasting the courts and his time with.

You never win if you just pay out at the first opportunity.

ceara19 said:

I would have still been out pretty much the same about of money going to court and by pleading "no contest" there is no conviction record.

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You are mistaken.

Pleading no contest is almost exactly the same thing as pleading guilty.

Jack_David said:

You are mistaken.

Pleading no contest is almost exactly the same thing as pleading guilty.

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No contest is not an admission of guilt nor a conviction. What shows up on your record is a plea of NO CONTEST to the charge. If a person were to plead guilty or lose at trial, it would show up as a CONVICTION. In some instances, having a no contest plea on your record could cause problems, but I doubt that the OP is in a line of work where it would have much effect. It could also be a problem if the person is on probation for certain types of crimes, which is why I asked "are you on probation?"

Jack_David said:

So what may I ask did they do with this obviously illegal "drug paraphenalia?"

Did they confiscate it and keep it as evidence, or did they just leave it with you to throw away?

If it were me I would defiantely plead not guilty and request a trial by jury. Make sure they present this evidence before to the jury and let them decide.

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thank you for the reply - i assume the officer kept the item in question but did not test it at the scene (i undestand they have equipment to perform tests on sight) and if this is true - then why did he not test it and arrest me if it was positive?

ceara19 said:

You may be better of just pleading no contest and paying the fine. I received a ticket for possession of drug paraphenalia because I had a pair of hemastats in my purse (I had my mother bring them to me from her hospital because my son stuck a bead in his ear). I looked into fighting it and it really wasn't worth the trouble. I would have still been out pretty much the same about of money going to court and by pleading "no contest" there is no conviction record.

You can have the straw tested for drugs (which you will more than likely have to pay for) and take it to court and probably win if the test is negative, but you really won't be coming out ahead financially. Are you on probation for any other crimes right now?

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no - no probation or any prior convictions. i am concerned about my insurance, though. can this have an effect on my rates if i were to plead no contest? oh and thanks for your input as well.

AHA said:

My advice is, stop violating traffic laws, and you won't have to worry about your defense when you get pulled over.

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WOW! you must be a direct descendant from the legal Gods themselves! amazing that you had the time to respond to my humble plea. have mercy on me - for i am grateful to have had the privilige to learn from your limitless wisdom. i will follow your instruction IMMEDIATELY and i am confident all troubles will cease and desist forever! may i forever hear your words of wisdom in all my meager travels. now go kick your dog or do whatever you do. later, moron.

jackibell said:

thank you for the reply - i assume the officer kept the item in question but did not test it at the scene (i undestand they have equipment to perform tests on sight) and if this is true - then why did he not test it and arrest me if it was positive?

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I have rarely ever heard of such a test being done in the field on paraphernalia. And all because they might have the kit doesn't mean they HAVE to use it.

If it goes to court they will have to prove that it was indicia of drug use. It certainly could be ... but they will still have to prove it. If there was no other indicia, then it may never even get to trial.

- Carl

jackibell said:

WOW! you must be a direct descendant from the legal Gods themselves! amazing that you had the time to respond to my humble plea. have mercy on me - for i am grateful to have had the privilige to learn from your limitless wisdom. i will follow your instruction IMMEDIATELY and i am confident all troubles will cease and desist forever! may i forever hear your words of wisdom in all my meager travels. now go kick your dog or do whatever you do. later, moron.

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Me not being a criminal makes you the moron. Good luck with that, loser!

AHA said:

Me not being a criminal makes you the moron. Good luck with that, loser!

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Are you sure you are not a criminal?

With all the stupid petty laws that politicans have enacted it is pretty damn hard to avoid committing some crime or another.

jackibell said:

no - no probation or any prior convictions. i am concerned about my insurance, though. can this have an effect on my rates if i were to plead no contest? oh and thanks for your input as well.

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It's not a moving violation, so it will have no effect on your car insurance. Since you aren't on probation a no contest plea should have any adverse affects unless you have future plans of working with the CIA.