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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 3171
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What is the best plea on a charge of possession of drug

Resolved Question:

what is the best plea on a charge of possession of drug paraphernalia by a 17 year old in Texas?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Thomas Swartz replied 9 years ago.

Hello Customer,

Under the Texas Health & Safety Code § 481.125(a) possession of drug paraphernalia is a Class C Misdemeanor.

Under Texas Penal Code § 12.23 the potential maximum penalty for a Class C Misdemeanor is a fine not to exceed $500.

So the maximum you are facing is a $500 fine. If you are going to plead guilty you want to try to reduce the amount of the fine to something less than $500.

Good luck.


Thomas Swartz and 3 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
I already knew the amount of the fine for a guilty plea, my question was what do you think is his best bet?, not guilty? no contest?, the stuff found in his car was not his, Thanks
Expert:  Thomas Swartz replied 9 years ago.

Hello Customer,

Unfortunately without knowing all the evidence I would not be able to give you an opinion as to what action he should take. Only he and his attorney, who know all the circumstances, including any factual or legal defenses he may have, can make that judgment.

Sorry I can not give you a better answer.