GUYS PLEASE HELP OMFG

Man, you were smoking out in the car. Of course he smelled it. I have had customers, vendors, etc walk into my office and I know they have been getting blitzed. And these are people I dont know or are trying to keep it secret, etc. SO obviously he smelled it if the two of you were hotboxing.

ANd to be honest, it doesnt matter what you said. That POS probably would have lied and made up his own story. two teenagers word against a cops word?

If you are 18, then there is no reason to get your parents involved. but you better check the mail every day cause your going to get a shitload of mail.

Go to court, see what they offer you. If its something you cant deal with, then you may want to get a lawyer. Just remember this, since you are an adult this will stick with you forever now. Even if they with-hold adjudication.

Good luck and be grateful your ass didnt go to jail

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Originally Posted by yamaha_1fan

Man, you were smoking out in the car. Of course he smelled it. I have had customers, vendors, etc walk into my office and I know they have been getting blitzed. And these are people I dont know or are trying to keep it secret, etc. SO obviously he smelled it if the two of you were hotboxing.

ANd to be honest, it doesnt matter what you said. That POS probably would have lied and made up his own story. two teenagers word against a cops word?

If you are 18, then there is no reason to get your parents involved. but you better check the mail every day cause your going to get a shitload of mail.

Go to court, see what they offer you. If its something you cant deal with, then you may want to get a lawyer. Just remember this, since you are an adult this will stick with you forever now. Even if they with-hold adjudication.

Good luck and be grateful your ass didnt go to jail

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Why would it go on my record f i chose adjutification? its a class c misdamenor here in texas.......thats like any other citation u can get here right?

i dont know about texas. and all my experience has been with felonies :(

But if it is criminal, it will be on your record. It may not show the conviction, but in some fields, it might as well been.

My wife was charged with 2 felonies and took 12 months probation, adjudication withheld. its done with but now she is studying for a professional license in a field I do not wish to reveal (nothing wrong, just too much info can lead to someone knowing me). the board has rules that ask if she has been convicted of a crime, or arrested even if adjudication was withheld, or been arrested of anything with moral perpitude, whatever that means. So even though the conviction is not there, she has to explain the arrest and the outcome. theres a chance shes taking the online class and studying and can be denied.

Applying for a liquor license also involves the same deal.

now if you are applying for a normal job, you should be fine.

Plus, its a misdemeanor, you are 18 and in a few years, if anyone finds out or you are forced to reveal, you should be fine. an 18 year old getting high? OMG no way, thats never happened before!!! :)

I have heard that there are some police departments so desperate for help, they will consider someone with a criminal history if no felonies.

One word of advise, dont screw up probation if you get that. When you violate, its up to the judge to determine your sentence up to the maximum for that charge (which probably isnt much)


take a chill, lay off the weed for a while and you'll be fine.

all good advice here:thumbsup:
The thing is with Texas law is that 18 year of age is still considered underage (when living at home still)
Texas has strict laws by which your DL can be pulled for any drug offense within the commission/and or presence of a vehicle (that means they can impound your car for simply standing near it smoking a joint!)
The cop did you a favor by giving you a misdemeanor ticket for paraphernalia
you can go to court and say it was your druggie friends and you have helped him get off the weed Praise Jesus!
Your better off to have smoked it on the Texas courthouse steps!

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Originally Posted by UTD Toker

Ya i understand but see yall dont understand we were HOT BOXING my car when the cop saw us.....when he came to the car he could smell the weed so he could do a search based on probable cause right? Also im 18 so will i be able to keep this from my parents? Cause my parents are SOOOO strict

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Yeah, UTD Toker, the officer had probable cause because of the smell and also because he knows the signs very clearly from having run into similar situations with youngsters and weed hundreds of times before. Anyone who doesn't believe odor is enough for probable cause isn't familiar with the historical precedents in our criminal justice/court system. Courts have been fairly consistent in their support of odor alone as probable cause on numerous occasions. The odor and whatever he saw y'all doing before he followed you and stopped you gave him the cause to search further, and then he found paraphernlia. Done deal. No judge or appellate judge (if someone were stupid enough to appeal on this basis) would ever question that.

You're lucky you only got a paraphernalia citation. It's true, Texas does have fairly strict attitudes regarding suspension of drivers' licenses, but I'm betting this'll be a matter of paying a fine and, at the most, a six-month or year-long probationary term at the most. The judge can also attach some sort of condition to your drivers' license if he sees fit to do so. I never worked professionally as an attorney, but I did earn a law degree many years back at SMU and am at least informed enough to reassure you of this.

Definitely watch that Flex Your Rights video that Breukelen Advocaat posted above. It's very important for everyone your age to watch and understand. It's 45 minutes long, and it really ought to be standard viewing every two months for teenagers or college students.

By the way, that cop didn't arrest you when he cuffed you and had you stand by while he searched. He didn't violate your fifth amendment rights, either. That's standard practice for officers' safety, consistently upheld by courts at all levels. You weren't carrying guns or other weapons, but more times than not, especially in Texas, guns and drugs travel together. So he was simply making sure that you'd not be a danger to him while he completed his search. When you're arrested, they inform you that you're being arrested and they read you your Miranda rights (you have a right to an attorney, you have the right to remain silent, anything you say can and will be held against you in a court of law, etc.). Then they put you in a car and take you in. Again, you were only held temporarily as a matter of safety.

If you still live at home and are still in high school and being supported by your parents, you're essentially like a minor child. Your minor vs. adult status, though, isn't in question. You'd have received the same type of citation either way. You definitely will need to tell your parents about this. Don't let them find out about it and be surprsied. Strict or not, you may need their help in paying your fines, and the judge, since you're still in high school, may ask them to appear with you in court so they, too, understand the terms of any probationary sentence you receive. Tell them now and get it off your chest. Good luck!

I know cops DO use smell as probable cause, but I have a problem with that. The problem I have is...there's no way to prove whether they did actually smell anything or not. All they have to do is SAY they smelled something, even if they didn't, and who could ever prove otherwise? If they say they smelled something, well, then it must be so, right? That's wide open for abuse, and because that's so, it almost certainly IS abused as a reason for probable cause, probably frequently.

If I were a cop, I'd use that all the time -- why use anything else as an excuse when that one isn't proveable either way?

"Why did you search this man's car, officer?"

"Why, I thought I smelled [gunpowder/cannabis/burning crack/whatever], your honor."

"Did you find anything?"

"No, I didn't, your honor, but I sure smelled it!"

"Well then, the search is legal. Good job."

There are no real checks and balances there. There's no way to defend against that, because you can't prove the cop DIDN'T smell what he said he did, and the only proof there is that he did smell what he said he smelled is because he said so. That would be acceptable if cops automatically dropped dead if they lied, but they don't, and in this case there is every incentive to lie, and little incentive to tell the truth.

in my situation, i had 2 cops tell contradicting versions (compared to the lead detective who signed the search warrant application) of the situation. I also had a private investigator who used to run the narcotics unit for the county, testify that the detective's application was BS. he also showed a 12 minute video showing there was NO way this detective saw what he said he saw from where he claims.

And did the judge uphold the search warrant? you bet your crooked ass she did.

I will disagree with birdgirl on one point. i was told by several lawyers in my state that you do not have to mirandized (read your rights). Its just that if you say anything, they cant use it against you if they dont mirandize you. But again its their word against yours.

fuck the police

Birdgirl has a point. you should probably tell your parents. you'll look alot better in court with your parents, then by yourself.

birdgirl... ok that sounds fine.. i should be on tonight (9/22) at 9:45 i hope to see you then

Ok guys thanks for all the legal advise!!! I talked to my friend that lives in the same city and he got the same citation and all he got was a $255 ticket and 6 months where he just couldnt get caught with weed. He also said they would mail a letter saying when my court date would be so i have to make sure and get that!!!

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Originally Posted by jamstigator

I know cops DO use smell as probable cause, but I have a problem with that. The problem I have is...there's no way to prove whether they did actually smell anything or not. All they have to do is SAY they smelled something, even if they didn't, and who could ever prove otherwise? If they say they smelled something, well, then it must be so, right? That's wide open for abuse, and because that's so, it almost certainly IS abused as a reason for probable cause, probably frequently.

If I were a cop, I'd use that all the time -- why use anything else as an excuse when that one isn't proveable either way?

"Why did you search this man's car, officer?"

"Why, I thought I smelled [gunpowder/cannabis/burning crack/whatever], your honor."

"Did you find anything?"

"No, I didn't, your honor, but I sure smelled it!"

"Well then, the search is legal. Good job."

There are no real checks and balances there. There's no way to defend against that, because you can't prove the cop DIDN'T smell what he said he did, and the only proof there is that he did smell what he said he smelled is because he said so. That would be acceptable if cops automatically dropped dead if they lied, but they don't, and in this case there is every incentive to lie, and little incentive to tell the truth.

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I agree with what you say, Jamstigator. "Probable odor" is a tough one to defend against, and it's completely a matter of the cop's side of the story or his subjective judgement. But, then, so is weed or paraphernalia in plain sight. Sure, they can shine their little mobile cams in there and shoot pics, and they can take what they find in an evidence bag, but what they say they see out in the open is very subjective, too--or at least very subject to exaggeration in testimony.

The disadvantage everyone but officers has is that officers are already granted a higher "credit" toward truth in legal testimony when they walk in the courtroom doors because they're sworn peace officers. I don't mean "sworn in" like when they come to testify, which also happens, but sworn with an oath to the state and their hiring agency when they begin their jobs to uphold and defend the law and to tell the truth (many courts don't swear them again for trials or hearings because they're already sworn as a part of their jobs). Anyway, unless there's clear evidence that cops are not telling the truth, the judge is automatically assuming that they are telling the truth just because of who they are.

This whole thing makes it rough for the little guy--the kid who's just driving around in his car with a buddy, toking.

UTDSmoker, I still think you need to tell your parents about this. They won't like it, but they'll like it a whole lot more than when they find out about it later and realize you didn't tell them when it happened. You're going to be in a world of hurt when that occurs, and they will find out. I think we already have fairly convincing evidence that you don't cover your tracks too well.