Shouldn’t I Have Gotten a Ticket?

Posted by Richard Jones | May 26, 2015 | 0 Comments

Someone calls me on the phone for a consult. They tell me, “Richard I was pulled over for not using my turn signal. When they asked for my driver’s license they said they smelled marijuana. They got me out of the car. They asked if they could search and I said sure. The cop searched and found a crack pipe and some old Xanax. They never found any weed. Now I’m charged with possession of drug paraphernalia and misdemeanor possession of controlled substance. ” The next thing they say is “I didn’t get a ticket for the failure to use a turn signal.

Also, they didn’t find my weed since I smoked it all. Can’t we just get it all thrown out? After all, they stop was bogus or I would gotten a ticket. ” Just because you don’t get a ticket doesn’t mean that you walk on the other two charges. The cop has discretion in deciding which charges to file. If he didn’t find something else, and you passed the attitude test (I.e. you were polite and didn’t act like an idiot), they might have just given you a warning.

The other reason he may not have given you a ticket is that he was concentrating on your charges. If he writes you a ticket, a good lawyer may take up the ticket case first looking for holes in the possession case. Many, not all, municipal prosecutors are less experienced and might not spend as much time preparing the case. They also have more limited interests than prosecutors handling the more serious charges. A good attorney can actually sometimes use the ticket to actually benefit the client.

Cops know this. That’s why they might not write the ticket.

About the Author

Richard Jones

My name is Austin Criminal Defense Attorney and I have lived in Austin for the last 20 years.
I’m very good at this – I’ve successfully handled over 3000 misdemeanors and over 1000 felony cases. You don’t get the opportunity to handle that many cases unless you’re very good at what you do. In fact, I’ve even be…


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