Legal Question in Criminal Law in Texas

Drug Paraphenalia Ticket but Cop took no evidence

I received a ticket for running a red light. When I got pulled over the cop told me to exit the vehicle. I complied and he searched my car finding a roach in the closed ashtray (I also closed the door behind me so that he had to re-enter the vehicle). He did not ask for permission to search, but did anyway, but heres the funny thing, he left the roach. He didn't even touch the thing, he left it in the ashtray. If he didn't take the evidence for my paraphernalia ticket, am I in good shape to beat this thing? Also there was a technical error on the ticket itself, he checked that he did not search my vehicle. I was curious if I appeal this to Dallas County Courts instead of Mesquite Municipal Courts if its is even likely the Dallas County DA will chose to prosecute?


Asked on 5/14/08, 2:30 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Drug Paraphenalia Ticket but Cop took no evidence

You probably have a good case in the hands of a criminal defense attorney. Most municipal courts are now courts of record, however, so if this is going to be tried, it needs to be tried at the municipal court level, and then appealed if the result is not in your favor.

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Answered on 5/14/08, 2:35 pm


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