QUESTION

Can they charge me for controlled substance after they let me go with simply issueing a citation for drug paraphanerlia?

Asked on May 19th, 2013 on Criminal Law - Texas
More details to this question:
I received a citation for drug paraphernalia in Dallas, Texas. At the time of the incident when asked if I could be searched I replied no upon which the police officer requested a K9 unit. In the meantime the officer was very unprofessional and was giving threats such as I will fuck up your life if I find anything. Upon the search they found hash which is a controlled substance. The officer asked me what it was but I was not responding. He then gave me a choice of telling him and not going to jail and simply getting a ticket. I ended up telling him and he gave me a citation. Weeks later I get pulled over and find out I have warrant on my name for controlled substance from the same incident. I don't understand how could he give me a ticket and then weeks later charge me and issue a warrant for the same offense he let me off from.
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1 ANSWER

Assault Attorney serving Richardson, TX
2 Awards
You are the victim of a common problem, I see it often. The solution to the problem may lie in a suppression hearing dealing with the search using the K-9 unit. The filing of two charges is legal in most instances as long as the paraphonia is not the hash. If it is, a plea to the paraphanalia may bar the prosecution for the drug. You need help as soon as possible as the possession is a serious felony. In Dallas there is a diversion program that requires early application if you are elligable.
Answered on May 21st, 2013 at 5:28 PM

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