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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was also ticketed for poss of drug paraphernalia in

Customer Question

I was also ticketed for poss of drug paraphernalia in Henrietta tx. We were pulled over for fail to signal lane change. The officer said he was going to give a warning and asked if I would step out. I did and he called in all of our info. There were three of us. Everything came back no warrants. He then asked me if there were any drugs in the car. I answered no to each drug he asked about. We then went back to our vehicle and he asked to search it. I said sir you have no probably cause really and we are wanting to get home. We have a long drive back to KY. He said he did have probably cause because I answered his questions to quickly and we seemed nervous. I reminded him that nuns get nervous when they get pulled over by the police especially these days and I just answered with the truth so I didn't have to ponder over my answers to his elementary questions of "is there any marijuana in you car" or "is there any methamphatimine in you car". But it is what it is he called in the K-9 unit. I didn't think the dog would hit because we really didn't have any drugs in the car. He said it would be an open air search but when he got us out of the car both doors were left open so the dog was able to put his head in. Well well well the dog sat almost immediately so we were cuffed and the car was searched half hearted. Before the search started I told the officer I am a recovering herion addict and the reason for us being in tx was so I could go through withdrawal and be away from the people places and things that cause relapse. I showed him exactly were my symptom meds were and I also made him aware of two capped needles in the same bag I used on the way down and that I didn't have a sharps container to safely dispose of the syringes. There was no drug in either of them. We had a ton of luggage so the search took forever while we Unsafely sat on the side of the highway with cuffs on and with speeding cars and trucks flying by. When they found nothing we were thanked for our cooperation and we were released. I was then approached to say I was being ticketed for drug paraphernalia. I pleaded with the cop to not because I was honest about it and I'm trying to get my nursing liscence back and I didn't need that in my background check. The officer then states well ma'am because of the needles and scales I gonna have to cite you. This was the first I heard of the scales. They didn't say where they were found or when during the search. My bf the passenger but owner of the vehicle says they were his and they were under the drivers side floormat. I had no idea and no one else was cited. They didn't even confiscate any of the paraphernalia. My question is how much is the fine? And should I just plead guilty and pay or should I fight it. Remember I live in Louisville KY so getting back and forth would be impossible Oh and the officer also showed me a glass pipe like thing outside the drivers side door. I have never seen it. Not even when I got out of the car. I'm not even sure if it was ours to begin with. No one owned up to that one. It was outside the car. He made me stomp on it I was apprehensive about it but I did as I was asked.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


Possession paraphernalia in Texas is a Class misdemeanor which carries a civil penalty only -- $500 fine. It is a criminal offense, however, and you can't just mail in the fine. You would need to appear or, failing that, to hire a Texas lawyer to appear and resolve the matter for you with a plea if possible. If you do neither, a warrant will issue for your arrest.

There are search issues here, but if getting back and forth repeatedly from Texas is impossible, fighting the charges wouldn't be possible either. A lawyer could probably get some of your court dates excused because of distance but not all of them.

Expert:  Zoey_ JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.