This post is the first entry in our “Know Your Legal Rights” series of blog posts related to police vehicle stops, detentions, and arrests. These posts are case studies based on real-life situations faced by defendants in the State of Texas, and are provided as general-interest information.They are not intended to be, and are not, legal advice. Every case is unique. So if you get pulled over and arrested, please seek the advice of legal counsel.

Today’s Question: Can a driver consent to a police search of a passenger’s purse?

Imagine you catch a ride with a friend. A few miles into the drive, you see flashing red and blue lights in the rear view mirror. Moments later you are parked on the side of the road having a conversation with a police officer.

If you’re accused of possessing a controlled substance, you shouldn’t take a deal until the lab report comes back. That’s the advice dispensed recently in a concurring opinion in the Court of Criminal Appeals per curium case Ex parte Saucedo, WR-87,190-02.

Easy for a high court judge to say. But sometimes reality forces your hand. You can’t stomach multiple court dates. You’re accused of possessing marijuana and no one will pay for a lab report. Or you know you’re guilty and just want to get the case over with. So you take a deal.

But what if the lab report eventually comes back and proves everyone wrong (including you)? If the report shows the stuff in your possession wasn’t a controlled substance, or even if the report just shows it was a different controlled substance that what the indictment or information alleged, you can probably get your plea overturned.

As many of you know, the Texas Legislature recently passed a law legalizing hemp. You may not be aware that the new hemp law has led to the dismissal of hundreds of weed cases, and that your recent conviction may be legally suspect.

If you have been convicted of or entered a plea to a possession of marijuana case since June 10, 2019, you may have a legal basis to get your conviction or disposition overturned. You should consult a post-conviction attorney for more information.

The New Law

Life is hard enough for a registered sex offender in the State of Texas. Jobs are difficult to come by. Friends and family often abandon them. There is constant judgment, ridicule, and the threat of harm by strangers.

Now, there’s a cadre of conmen out there tying to shake registered sex offenders down for money.

The scheme works like this: you get a call on your cell phone, often showing a legitimate number on the caller ID, such as a court house or county administration building. The person on the other end of the line says he’s a United States Marshall and that he’s got a warrant out for your arrest. He then claims that he has recorded conversations of you soliciting an underage person for sex. Knowing you are already registered as a sex offender, the person states he can recall the warrant and avoid release of the embarrassing material if you pay a fee. In one instance I am aware of, the con artist said he needed $850 to recall the warrant.

As of June 2019, TDCJ inmate release upon granting of parole has slowed down significantly, according to conversations I have had with both clients and TDCJ parole personnel.

The slow down appears to be due primarily to TDCJ staff shortages. I’m hoping the bottleneck is not permanent, but my sources seem skeptical that the problem will be alleviated any time soon.

For now, I’m hearing the projected time tables are as follows: