Legal Question in Criminal Law in Texas

Re: concealed weapon

Hello there,

Your son needs an attorney. Just leaving the vehicle running is reason enough to approach your son and tell him he shouldn't leave the car running and at most giving him a traffic citation.

It sounds as if the officer was overstepping his authority by wanting to search the car. I would like to know what reason he wanted to search the vehicle in the first place. What reason did he have to believe that criminal activity was afoot. These are things the officer will have to prove in court to show that he had a good enough reason to even be questioning your son.

I practice state wide and this sounds as if the arrest was either in Harrison, Gregg, Smith, Van Zandt or Kaufman Counties.

I regularly practice in these areas and would be more than happy to discuss the case with your son.

There are certain defenses to possessing a firearm in your vehicle if you are travelling through counties with the intention to stay the night.

Also, the marijuana has to be a usable amount of marijuana. Quantity is important. Cases have been won on the argument that there was not enough marijuana to be a usable amount.

Feel free to contact my office if you have any questions.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Re: concealed weapon

I am in Louisiana, but I believe this applies to all jurisdictions. Never ever ever ever go to criminal court without an attorney. Mr. Platten is correct.