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I got a possession or delivery of drug paraphernalia for having 3 marijuana stems in austin texas, what should i do

Austin, TX |

it was in a pill bottle, only 3 stems, the cop gave the stems back to me after he wrote the ticket.

Attorney Answers 3


  1. Best answer

    Did he book the pill bottle for evidence? If so, the paraphernalia evidence will be entertaining. If the stems were returned in the bottle, the state may have no tangible evidence on record.

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  2. You need to hire an attorney--that case isn't good and needs to be thrown out. Neither the bottle nor the stems qualify as drug paraphernalia under Texas law.


  3. I think Ms. Foley is correct, but the first, most important thing is not to miss your court date. It should be written on the ticket. Keep the ticket (any all other paperwork, if there is any). Go to the court date, and plan to spend all day, because if it's in Travis County, you and about a dozen other people not only have to appear in court (probably JP court 5), but you will also have to go be processed through Central Booking, and there usually is a line of people waiting, even in addition to you and your dozen companions.

    You may not need to hire an attorney, because once you talk with a prosecutor and the judge, they may agree that it's a bad case. If not, you may qualify for a court-appointed attorney, and they would talk to a different prosecutor and probably get it thrown out.

    BTW, throw those stems away.

    This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, #201 Austin TX 78701 457-0100 defenseattorneysmith.com 457-0100 dasmithaus@gmail.com defenseattorneysmith.com David N. Smith Austin, Texas dasmithaus@gmail.com (512) 457-0100 defenseattorneysmith.com

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