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Parapharnelia ticket...1st offense

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BiancaMercedes

Junior Member
What is the name of your state? Texas

I'm going to court in 3 days and I don't know what to expect but here is my story and hopefully someone can give me some advice?

Me and my friend were speeding home early one morning and got pulled over doing 90mph. We both had taken bars the night before and we were both exhausted. While our records were being pulled up, the cop said that we looked 'way too tired this early in the morning' and asked what was wrong with us. He went back to his car and saw that my friend had 12 outstanding warrants to his name and arrested him. At that point, he asked to search my car and I consented because I was scared/groggy. All he found was a water bottle full of Mexican tequila which he dumped out on the street. I had my purse with me while standing outside of the car and he asked to search that after. Stupid me, I said yes, and that's when he found my marijuana pipe and a couple straws and a razor. The cop then asked me when was the last time I did a line of coke and if I was high. After I told him I wasn't high or on coke, he gave me a ticket for poss. of parapharnelia.

So 3 questions:

1. Did he even have the right to search my purse since I had it with me outside of the car?
2. Does my friend getting arrested hurt my case?
3. What are my chances of getting all charges dropped since it is my first offense?
(And if that's not likely, what should i expect to recieve?)

Thankkks!
 


FlyingRon

Senior Member
1. Did he even have the right to search my purse since I had it with me outside of the car?
2. Does my friend getting arrested hurt my case?
3. What are my chances of getting all charges dropped since it is my first offense?
(And if that's not likely, what should i expect to recieve?)

Thankkks!
1. You consented, so the search was legal.
2. Doesn't really affect you one way or the other. The fact you were grossly exceeding the speed limit gave probably cause for everything that followed. That's a pretty serious offense in it's own right. You're lucky you didn't get charged with that as well (did you?) and for the open container violation (which he did you a really big favor if he didn't charge you because the official policy is they are NOT supposed to overlook that).
3. Dismissed outright? Hardly. There is a pretrial diversion program available.

You should discuss this with a lawyer.
 

BiancaMercedes

Junior Member
No, he didn't give me a ticket for that...luckily.
And for the open container, I was surprised that he just dumped it out...but I mean, we were pretty honest with him so maybe he felt like doing me a favor?
3. What is pretrial diversion program?

thanks, by the way!
 

FlyingRon

Senior Member
Ask your lawyer. Essentially, they tell you what they want you to do and don't break any other laws and they agree to dismiss the charges. It differs county by county.
 

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