Houston, TX asked in Criminal Law for Texas

Q: Can i be charged with poss cntrol sub if i lost my wallet in Walmart and whenever i came to retrieve i was arrested?

I left my wallet at the self-checkout line at Walmart and once i realized what happened about 45 minutes later i went back inside and asked if anyone turned one in and was told to ask customer service. I did and they told me a few different excuses and eventually, about an hour later a police officer walked up to me and placed me under arrest and said i was being charged with possession of a controlled substance, but my wallet had still not been given back and when i bailed out of jail the next day i also noticed that 600 dollars had been stolen from my wallet at some point while it was out of my custody. My question is can i be proven guilty in court for possession of something i didn't actually have in my possession?

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You can be charged, but whether the State can prove the allegations beyond a reasonable doubt is another issue. Start calling local lawyers. Good luck.

Paul Looney
Paul Looney
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: If your claim is the drugs were planted in your wallet to cover the theft of $600 those are defenses you can raise at the trial. Can you be convicted? Yes, if the jury believes the drugs were yours all along, then yes, you can be convicted. Can you be acquitted? Same standard. It is on you to prove your defense at trial. Good luck.

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