Q: If an alleged crime happens in 1 county can a separate county charge
A friend went with a friend to a pawn shop in smith county tx. The friend pawned guns. My friend was just the ride but didn't know they were stolen. Smith county charged the guy on the pawn ticket. My friend was determined to not be guilty of anything. A few weeks later our friend got possession of stolen firearm in the county he resides in Houston Co for those guns even though he never pawned or possessed them. Can the DA here press charges when the other county chose not to?
A:
There is a concept called "constructive possession" that will blow your mind. Basically, it means that you an be in possession even when somebody else actually HAS the contraband and that multiple people can be "in possession" of the same contraband.
To get from Houston County to Smith County by car you are probably going to drive through Cherokee County or Anderson County and you would be committing the crime in those counties too. Also, having two or more people involved could be charged as a conspiracy. It might be hard to explain driving across two counties to pawn something legitimate. Its time to hire a local criminal defense attorney and stop posting case details on public websites.
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