A Gainesville Police Department officer observed a vehicle with the right headlight not functioning. As the officer approached the vehicle, he observed the defendant make several sneaky movements towards the front passenger seat. The officer ordered the defendant to place his hands on the steering wheel as he conducted a warrant check. The defendant continued to reach towards the seat and was then placed in handcuffs.
The officer searched the area and discovered a large glass pipe underneath a towel. The pipe contained cannabis residue, which was identified by sight and smell due to the officer’s training and experience. After the defendant was read his Miranda rights, he admitted to owning the pipe. The defendant was charged with possession of drug paraphernalia.
After retaining Meldon Law, we were able to negotiate with the State Attorney’s office. The State initially requested that the defendant be adjudicated guilty, but we were able to bargain with the State Attorney’s office to allow the defendant to plea to the charge and have his adjudication of guilt withheld. This preserves the defendant’s ability to have his record sealed or expunged in the future.