• 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.

class b misdomeaner, marijauna

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

cassie123456

Junior Member
What is the name of your state? Texas.

My boyfriend was pulled over yesterday for not wearing a seatbelt. For some reason, unknown, he was asked to exit the vehicle. He bagan acting nervous, and the officer asked consent to search. He agreed. He was handcuffed before the search. ( mind you, no warrent) During the search they found "roach clips), which are used to test the leads ( my boyfriend installs ac systems), which became paraphanalia. Then he found two papers, in the glove box. paraphanalia #2. Then as the search exhausted, the officer found the remaining crums of what could be called a roach( you couldnt have clipped it to the "leads" if you wanted to, and I don't smoke!!!). Bam, he was arrested for possesion of a controlled substance and charged with a class b misdomeaner. Now, the question, he recieved a citation for not wearing a safty belt and drug paraphanalia. He was arrested for the "marijauna". Will he still need to go to the seperate court date for the citation? What could he be looking at as far as time ( please no, baby due in dec.), probation, fines?
And then the arrest, What could he be looking at as far as time ( please no, baby due in dec.), probation, fines?
 
Last edited:


CdwJava

Senior Member
cassie123456 said:
My boyfriend was pulled over yesterday for not wearing a seatbelt. For some reason, unknown, he was asked to exit the vehicle. He bagan acting nervous, and the officer asked consent to search. He agreed. He was handcuffed before the search. ( mind you, no warrent)
No warrant needed - he gave his consent to allow the officer to search.

And people are often handcuffed before a search - or if they start to act nervous. I can point out to you some chilling videos of officers (in Texas) getting KILLED while they conduct searches of suspect's vehicles ... over some marijuana!

Handcuffing is a safety precaution.


During the search they found "roach clips), which are used to test the leads ( my boyfriend installs ac systems), which became paraphanalia.
I bet he found them in the ashtray. Not too much need to keep A/C repair tools laying about in the car - much less in the ashtray.


Then he found two papers, in the glove box. paraphanalia #2.
Could be.


Then as the search exhausted, the officer found the remaining crums of what could be called a roach
If it was marijuana, then it sort of lends credence to the case.


Now, the question, he recieved a citation for not wearing a safty belt and drug paraphanalia. He was arrested for the "marijauna". Will he still need to go to the seperate court date for the citation?
They will probably be handled as two seperate offenses.

You'll have to ask his attorney about possible fines and/or jail time. His criminal history and the specific offenses he is charged with will dictate how much time he might be looking at here.

- Carl
 

cassie123456

Junior Member
reply

I hope you didnt take me wrong, i understand the police officer was doing his job, im not knocking him. no, the leads were in the seat, he just got off work, all his tools are always everywhere in his truck. I was just worried he will go to jail for a long time. We know he will get something, and that is fine. I believe you do the crime, you do the time. I myself am a good citizen, with a bad boyfriend ( which he was quitting, slowly).
 

jrussell

Junior Member
Dont get hung up on the leads, if they were actually tools they would not have drug residue on them and tend to not be used in the case. However any seasoned officer knows that the leads, or alligator clips, are commonly used as drug paraphanalia. Its the possesion of the actual drug that lends credibility to the case. Bottom line, dont smoke dope.
 

cassie123456

Junior Member
That's good advice. Ive already told him that it is either the pot or me and the baby ( due in dec. a boy). Ive been quit for over 7 years ( im 23) i tried as a teen and did not go for it.Like i said, im a good girl witha bad boyfriend. So, baisically, as long as he did not smoke with the leads, then that part can be thrown out? ( the paphanalia)
 

CdwJava

Senior Member
cassie123456 said:
That's good advice. Ive already told him that it is either the pot or me and the baby ( due in dec. a boy). Ive been quit for over 7 years ( im 23) i tried as a teen and did not go for it.Like i said, im a good girl witha bad boyfriend. So, baisically, as long as he did not smoke with the leads, then that part can be thrown out? ( the paphanalia)
The police are not going to test the clips for residue. He can argue that they are tools of his trade, but unless he had other tools on the seat near the clips, i doubt that will fly too far. I doubt many mechanics haphazardly toss their necessary tools in the front of their car.

The paraphernalia is likely the least of the charges. Maybe they will agree to plead to that and he can pay a fine.

- Carl
 

Happy Trails

Senior Member
In Texas:

Possession of drug paraphernalia is a civil citation with no jail time, but he could be fined up to $500.

Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000.
 

smutlydog

Member
cassie123456 said:
What is the name of your state? Texas.

My boyfriend was pulled over yesterday for not wearing a seatbelt. For some reason, unknown, he was asked to exit the vehicle. He bagan acting nervous, and the officer asked consent to search. He agreed. He was handcuffed before the search. ( mind you, no warrent) During the search they found "roach clips), which are used to test the leads ( my boyfriend installs ac systems), which became paraphanalia. Then he found two papers, in the glove box. paraphanalia #2. Then as the search exhausted, the officer found the remaining crums of what could be called a roach( you couldnt have clipped it to the "leads" if you wanted to, and I don't smoke!!!). Bam, he was arrested for possesion of a controlled substance and charged with a class b misdomeaner. Now, the question, he recieved a citation for not wearing a safty belt and drug paraphanalia. He was arrested for the "marijauna". Will he still need to go to the seperate court date for the citation? What could he be looking at as far as time ( please no, baby due in dec.), probation, fines?
And then the arrest, What could he be looking at as far as time ( please no, baby due in dec.), probation, fines?
He is not going to do time unless he is on probation.Even if he was on probation I doubt he would.Thier is no such thing as doing time for possesion of a small amount of MJ in Texas.
 

kretinus

Junior Member
1) Never consent to a search period. Far to many cases are brought against people for marijuana that would have never occured had they simply not consented to the search. Many police will either lie or otherwise try to intimidate you into giving permissiom, but remember, just because they're a cop doesn't mean they're law abiding citizens, assume they will violate any right they can get away with and act accordingly.

Obviously they will most likely search your car regardless, not giving them permission leaves the legality of the search as a defense, giving permission invalidates it for the most part and the courts don't seem to care if cops lie or not.

2) The issue is not whether you smoke marijuana, it's whether or not you do it responsibly or discreetly. Smoking it in your car is assinine, smoking it in the privacy of your own home is rarely a cause of trouble for you or anyone else. Smoking it in your car places others at risk besides yourself. The reality is marijuana is a relatively harmless drug, certainly no worse than alcohol but too many politicians and policeman drink so it's legal and marijuana isn't therefore like many things, discretion is the best offense.

For that matter I know many cops that drink and drive and pose far more threat to society than anyone kicking back and smoking a joint in the privacy of your own home, doing it your car puts you on a level with them.

Don't trust cops, it's an adversarial relationship from the moment they hit the lights or knock on your door, don't give them an inch, ad don't give up your rights next time, that's how they get taken away.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

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