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.
Patent & Tax Law Attorney
Certified Tax Specialist by the California Board of Legal Specialization
This communication is general information and not legal advice, and does not create an attorney-client relationship.
This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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
David N. Smith