“Passenger of my car had an empty beer bottle under his seat which got him charged with open container and led to my car being searched although the bottle was hot & empty. I was given a controlled substance charge due to the search for open container and drug paraphernalia. What can RBIsenberg and his legal team do for me?”
Understanding What Happened
If you were pulled over for an open-container violation or for suspected drug paraphernalia, and the situation escalated to a controlled substance charge, you’re now facing serious legal exposure. The chain of events often looks like this:
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A traffic stop or encounter in which law enforcement spots an open container of alcohol (or suspects one).
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In the course of that stop, officers observe drug paraphernalia (for example, pipes, syringes, baggies, rolling papers, etc.).
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During or after the search prompted by paraphernalia or open container, evidence of a controlled substance is found.
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You are now charged with possession (or possession with intent), because the controlled substance was discovered during that search.
It’s important to realize: the open container or paraphernalia violation may have been the trigger, but the controlling issue is how the controlled substance became part of the case.
Key Legal Issues to Consider
Search & Seizure
One of the most important issues: was the search legal? Was the open container violation enough to justify a search (or further search) for drugs? Did law enforcement exceed what the law allows? Was the paraphernalia alone enough probable cause for the search? These questions matter a great deal in Texas courts.
Chain of Evidence & Discovery
When a substance is found after a search for paraphernalia or open container, the prosecution must establish how law enforcement proceeded: Did they properly handle the evidence? Was the item clearly demonstrated to be what the police claim? Do you have any claims of contamination, mishandling, or faulty testing?
Charges & Penalties
Controlled substance charges carry far worse penalties than simple paraphernalia or open-container violations. Depending on the amount, type of drug, whether intent is involved, whether a weapon is found, your criminal record, and other factors, the consequences may include mandatory prison time, fines, probation, record consequences (felony vs misdemeanor), and collateral effects (employment, driver’s license, etc.).
What You Should Do Right Now
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Contact a criminal defense attorney immediately. Time matters: issues such as illegal search, improperly handled evidence, or obtaining the right discovery can make or break your case.
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Preserve evidence. If you have dash-cam footage, body-cam footage, your own notes of the stop, phone records, or witnesses who saw the stop/search, these can all help.
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Avoid speaking much. While you have the right to speak with law enforcement, what you say can substantially impact your defense. Your attorney can guide you on what to say (or not say).
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Understand the stakes. A controlled substance charge is not simply a minor traffic or paraphernalia case. The potential lasting consequences (felony record, future employment, driver’s licenses, immigration, etc.) mean you should treat it with seriousness and urgency.
How We Can Help
Our firm has decades of experience defending clients in cases involving complex searches, controlled substances, paraphernalia, and related traffic/stop issues. We will:
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Investigate the circumstances of the stop and search: Did law enforcement have proper justification? Did the search exceed legal bounds?
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Review all discovery: police reports, body-cam/dash-cam footage, lab reports on the substance, chain of custody documentation.
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Examine potential motion(s) to suppress evidence: If the search was illegal, the evidence may be excluded.
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Negotiate or litigate: Whether through plea negotiations or trial, we will strive for the best possible outcome — reduction of charges, alternative resolution, or full acquittal if feasible.
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Advise you on collateral consequences: Record sealing, driver’s license issues, future employment or licensing implications, and more.
Final Thoughts
Being charged with a controlled substance offense after a search for an open container or drug paraphernalia can feel overwhelming. But you do have rights, and you do have options. Acting quickly and with the right defense can make a huge difference in your case.
If you or someone you know is in this situation in the Dallas/Fort Worth area, you can reach us at 214-696-9255 (or use the contact form). We handle criminal defense matters with care, strategy, and a deep understanding of Texas law.
