Finally Got Busted

[the moakster]

I was arrested last night for possession of marijuana of not even a gram. I live in Corpus, TX. Just asking for any advice and what to expect this being my first charge of any kind. What should I expect in consequences and I also need to change the location of my hearing, since I will be leaving school next week to go home.

 

[CocoJoe]

Welcome to 420Magazine.
You'll be fined and maybe put on probation.
Don't talk to the police and get a lawyer.

 

[onPOT]

check out this thread in Texas section of this site

https://www.420magazine.com/community/threads/all-police-criminals-read.108531/

I would bet money that when you were arrested, you were taken DIRECTLY to JAIL where your were booked into the jail and held as an inmate BEFORE seeing a Judge.
Am i right?

you have been denied your right to an examining trial.
this is a crime!
A felony!
check out the whole thread please stand up for your rights and the rights of others who wont stand up

 

[Wingman420]

I do not think they will let you change venues because you are moving home the way LEO see it you should have stayed home to break the law.
As for the 1st bust ever do not be afraid and speak up ask questions talk to the prosecutor yourself (without being stupid) and broker a deal (plea deal) where you agree to community service and the State wipes it off your record provided you stay out of trouble for a year or less. This is a misdemeanor charge but don't laugh this can affect your future prospects for work if left on your record and LEO will definitely bust you again treating you badly once they see a PC that shows your prior arrest.
Ask anything you want I am currently busted and out on bail and may be able to help.

 

[SciFi]

If you EVER get ANY possession busts. Scrub your house. They have the right (and usually do) if they bust you with anything to show up at your door with a warrant to your home. Don't f'around either. Get rid of everything incriminating cause they will check it all.

 

[onPOT]

If you EVER get ANY possession busts. Scrub your house. They have the right (and usually do) if they bust you with anything to show up at your door with a warrant to your home. Don't f'around either. Get rid of everything incriminating cause they will check it all.

THEY DO NOT! have a right to search your home simply because you are found with pot outside your home.

WHOA!! This is TEXAS man... Not Soviet Russia!

As far the arresting Officer having a DUTY to take you IMMEDIATLY to a Magistrate...
This is the CASE LAW that will prevail in court.

The seminal case on this subject under Texas State Law is Heath v Boyd,141 Tex. 569; 175 S.W.2d 214; 1943 Tex. LEXIS 370

"Moreover, if Heath's arrest had been authorized by the statutes, his subsequent detention as pleaded proved would make a case of false imprisonment against Boyd. The undisputed facts are that after his arrest Heath rode with the sheriff to the former's car, which he then entered and drove several miles to the courthouse, followed by Boyd. There he was detained in Boyd's office from one to three hours, while Boyd was seeking advice by telephone as to what to do, in the FACE of a plain statutory COMMAND as to [***13] what must be done in all cases of arrest without warrant. Art. 217, C.C.P., 1925, provides, "In each case enumerated in this chapter, the person making the arrest shall immediately take the person arrested * * before the nearest magistrate where the arrest was made without an order." Substantially the same requirement appears in Art. 325, C.C.P., 1925, and Art. 487, P.C., 1925. Presumably, there was a magistrate in Mertzon, the county seat. Yet Boyd offers no reason why he did not take Heath before that official. Neither in his pleadings nor in his testimony does he suggest that a magistrate was not reasonably available, although the arrest and detention all occurred between 8 o'clock in the morning and noon. If he had taken Heath to that official, he could have gotten the information and assistance he was seeking by telephone. He was under NO obligation to seek advice or aid from Johnson. He was under a POSITVE DUTY to immediately seek a magistrate. That such failure, unexcused, makes a case of FALSE IMPRISONMENTt, as a matter of law, is held by all the authorities." Newby v. Gunn et al, 74 Texas, 455, 12 S.W. 67; McBeath v. Campbell, 12 S.W. (2d) 118; Alamo Downs, Inc., et [***14] al v. Briggs (Civ. App.), 106 S.W. (2d) 733 (er. dism.); Box v. Fluitt (Civ. App.), 47 S.W. (2d) 1107; Maddox v. Hudgeons (Civ. App.), 72 S.W. 414 (er. ref.); [**218] Karner et al v. Stump (Civ. App.), 34 S.W. 656; Petty v. Morgan et al (Civ. App.), 116 S.W. 141; Bishop v. Lucy et al (Civ. App.) 50 S.W. 1029; 35 C.J.S., p. 546, sec. 31

It can hardly be reasonably construed that the Legislature intended the accused be taken to jail first, held overnight, then taken to another county in the morning. Notwithstanding other states practices, in Texas, the act of bringing the accused before a magistrate for the purpose of an examination into the sufficiency of the allegations on which their liberty is being restricted is clear.

Booking a person into jail pre-supposes probable cause as absent probable cause, there would be no reason to prepare so complete a record of imprisonment as, at an examining trial, a finding of no probable cause would render the booking procedure unnecessary.

 

[SciFi]

Hah.. they do that in a county near me. If you have any past drug offenses, it's practiced as reasonable cause to search/obtain a warrant depending on the situation.

In fact.. There's one state.. Get this.. by saying you don't want to let them search your car, gives them probable cause to call in a warrant to search your car. Totally circular bullshit to invade peoples rights. Most states that doesn't fly. They need a REAL reason to pull you over and even a better reason to search you.