January 9, 2013 - By Jeffrey Beltz
Defending Drug Paraphernalia Tickets
If you have been charged with a paraphernalia ticket in Royse City it is important that you understand your rights as well as the consequences of having a conviction reported on your permanent record for this type of offense. This article is intended to help you understand the laws related to drug paraphernalia tickets in Royse City as well as what basic steps must be done to defend yourself against a conviction.
Drug Paraphernalia Laws In Texas
Many people and attorneys alike don’t know where to find the drug paraphernalia law if asked. Some will start in the Texas Penal Code. However, it is actually in the Texas Health And Safety Code. The specific statute is Section 481.125 and states the following:
- A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance…
The problem with this statute is that it is very broad. The charge itself can be filed for many different things. For example, a plastic bag containing marijuana under this definition is actually considered “paraphernalia” under this definition. However, rolling papers may not be considered paraphernalia if it can be proven that the purpose of the rolling papers was not to smoke an illegal controlled substances but to consume tobacco.
Defending A Paraphernalia Ticket
The key to a solid defense always starts with the correct plea. You must enter a plea of “not guilty” to preserve your constitutional rights to notice and hearing. Over the past decade laws have been passed to make Municipal Courts like Royse City more like McDonalds and less like sit down restaurant. If you enter any other plea other than “not guilty” Royse City Municipal Court then has all of the leverage to act with speed to assess any type of punishment and fine amount that is convenient for them.
After you enter the correct plea you get the “sit down” experience however, you must also dedicate yourself to the case and the defense of the paraphernalia charge. This is where most attorneys can provide a valuable service. In most cases, because a drug paraphernalia charge is a class “c” misdemeanor an attorney can appear in court on your behalf in Royse City Municipal Court to defend the charges against you. You would only be required to appear in court if it was necessary to actually go to trial on the matter.
Discussing your case with an experienced attorney in the beginning is also important. Don’t wait until 2 days before your trial to take advantage of a much needed consultation with a lawyer. Just as Rome was not built in a day, a good legal defense takes time to develop. If you have a drug paraphernalia ticket in Royse City, Tx you would like our experienced legal team to review for you, call us today.
If you have other traffic related issues in Royse City Municipal Court that you need help with, we would be glad to help. For example, if you think your traffic stop in Royse City was illegal we have articles that may be able to help you with that. Contact our Royse City ticket attorneys today.