Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma

Q: Stopped and searched and charged with posession of narcotics paraphenalia,

I am a Texan. I was stopped by a sheriff on a country road.

He ordered me not to use my phone to record what happened or to speak with anyone.

He was reckless with my belongings.

He asked me about drugs – as if requesting I give him drugs as a bribe.

He “found” a smoking pipe suitable for smoking illicit drugs,.

This pipe did not belong to me.

He charged me to appear in court in Boise City that morning "possession of drugs paraphenalia", I could not possibly have obtained legal advice or retain council, so I did not attend.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.

First, it's essential to contact an attorney experienced in criminal defense as soon as possible. An attorney can review the details of your case, including the manner in which the paraphernalia was allegedly found and the instructions given by the sheriff regarding recording the encounter. Your rights may have been violated, which could have significant implications for your case.

Failing to appear in court can lead to additional charges or a warrant for your arrest, complicating your situation further. An attorney can help you address the failure to appear by potentially arranging a new court date and working to resolve the charges against you.

The details you've provided suggest there may be grounds to challenge the evidence or the conduct of the law enforcement officer. Legal representation is crucial to navigate these challenges and to advocate for your rights and interests throughout this process.

Don't delay in seeking legal advice. The sooner you have an attorney on your side, the better they can prepare a defense and work towards a favorable outcome in your case.

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