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Can my son be charged with Possession Drug Paraphernalia if he wasn't found with anything on him?

Winnsboro, TX |

Approx 10 pm. My son 16 was sitting is a car with 2 other friends talking. The driver had temporarily parked in the parking lot of our local funeral home because they had missed the driveway to another friends house that was just before it. So, my son and another friend of his walked up to the driver in the car (a mutual friend) and they got in and started talking for a couple of minutes, and then they got out. The police pulled up, asked them what they were doing..the driver explained he had missed the driveway..and they they were all just talking..the police searched the vehicle and each one of the kids. The driver had drug paraphernalia (pipe) on his person (concealed), the other kid had an empty "roach" paper in his duffle bag, but my son had nothing on him and was charged. Legal?

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Attorney answers 3


Sounds like you did not get the full story or the cops are let's say not the brightest. If the stuff had been found just out, he could easily be charged. If the stuff was found on another, he should not have been charged. Hire a lawyer to represent him and do not ask him any questions which could make you a witness.

Cynthia Henley


It depends on what kinds of statements the kids made to the cops. Hire a ticket attorney to handle this for you. He will be able to get your son some type of dismissal and help clean up his record.

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I agree with Ms. Henley and Ms. Jaggers that this is a case where your son needs a good lawyer.

I am puzzled from the facts you give about why the officers thought they had authority to search the vehicle and it's occupants. Perhaps there is a bit more to the events.

At any rate, I suggest you get your son a good criminal defense lawyer.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.