Legal Question in Criminal Law in Texas

concealed weapon

We live in La. my son was on his way to work in TX stopped at a convenience store for directions Left his vehicle running, upon exiting store a policeman was parked behind his vehicle stating it was against the law to leave the vehicle idoling unattended, and ask to search his vehicle, my son said yes, he informed officer he had a handgun in console and kept it with him due to driving long distances. Officer also found a (roach/marijuana) in ashtray. He was arrested on POM and UCW. Bonded out an due to appear in court in one week, he plans on pleading guilty, should he have a attorney. I know of no attorneys in Texas area.


Asked on 2/19/09, 11:47 pm

2 Answers from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

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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Answered on 2/20/09, 12:47 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

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.

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Answered on 2/20/09, 7:52 am


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