Stephen Gustitis, Criminal Defense Attorney
Getting pulled over with marijuana in the car will make you panic. Seeing those red and blue lights pop-up in your rear view mirror is likely to send you spiraling when you know you have contraband in the car. In fearful moments like this, you’re likely to jump to conclusions and question immediately, “Am I going to jail?” “If I admit knowing about the contraband, will things go easier for me?” “Am I required to talk to the police?” “Honesty is the best policy . . . right?”
Before you begin to spiral in, remember you still have options and rights you should exercise. Don’t panic. Read on for suggestions when you get pulled over with dope in the car.
1) Remain calm and courteous: Anytime you get pulled over, be sure to maintain your composure and be polite. Doing so will give cops less reason to suspect you might have an illegal substance in your possession. If you know the reason for the stop – perhaps you were speeding, or your registration or license plate was expired – roll with it. Your attitude and what you say may be the difference between a traffic citation and ending up behind bars.
2) Don’t incriminate yourself: Unfortunately, in the state of Texas the smell of weed is probable cause for officers to search your vehicle. Furthermore, any statement you make about weed in the car, now or in the past, will also give the police probable cause to search. If you find yourself in this situation, do not incriminate yourself. Don’t say anything. Don’t do anything. Answer no questions. Don’t give the police consent to search. Remain silent. Remember, whatever is going to happen will happen and there is nothing you can do to stop it. Protect yourself by keeping your mouth shut!
A few other things you should know:
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- If the cop insists on searching your vehicle and finds cannabis, an illegal search may invalidate their findings in court.
- If they threaten to call a K-9, say nothing and so nothing. The longer that dog takes to arrive, the more their “reasonable search” begins to fall apart.
3) Recording the stop: Despite what officers tell you, recording a police stop is perfectly legal. Documentation of the stop may go a long way in defense of your case. However, remember these street encounters with the police will be recorded on a body cam or dash cam video. Once you start recording the police, they will get angry and defensive. Remember, saying nothing and doing nothing is often the best policy.
4) After the stop, consult an attorney: Even if a cop successfully searches your vehicle and finds contraband, you may still have some reasonable options when defending the case. A well-practiced drug possession attorney may help you get possession charges overturned in court.
If you have been accused of possessing marijuana or other illegal drugs, the first thing you should do is seek help from a licensed drug possession attorney. Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and drug possession attorney practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County.
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