Q: What are my chances of using multiple pieces of documented evidence & confession to have my case dismissed?
Pulled over for speeding 37mph in a 30 mph zone; Passenger had warrants, opened passenger door & ran....state trooper never saw him; I have 2 prior drug charges on my record from 2006 & 2008; was getting a warning until my name was ran; not my car; Trooper used torch lighter with cigs as probable cause 2 search but was never given consent by myself or owner of car; Called dog that never hit on outside of car but was let in the driver side back door then taken to passenger side front door & hit there; meth found in center console, given 2 different amounts by trooper & sheriff; wasn't mine so never claimed it; recorded call from jail 2 the passenger that ran, he States it was his & says run prints, ask for dash cam, say it's his! Can I beat this case with that much evidence in my favor or Will I need 2 subpoena him to jury hearing for confession? And even then do I have a chance? In court, my 1st offer was enhancement & 15 years in Tdcj! Please help me, what do I do? It wasn't mine!
A: What evidence does the State have? Get with your attorney; it is questionable if the recorded phone call can be introduced into evidence at trial. Good luck.
A:
Once your attorney has all the evidence, she will be able to evaluate the legality of the stop and the search. Perhaps there will be grounds to seek suppression of the evidence.
Even if the drugs belonged to someone else, it is legally possible for multiple people to be in "constructive possession" of the same contraband. Read up on the concept of constructive possession and then discuss the matter with your criminal defense attorney. It is dangerous to hang out with users, even if you are not using.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
