Dayton, TX asked in Criminal Law for Texas

Q: My girlfriend got arrested an the police found meth on her person an she was charged with a poss but it was mine can

Can i sign an affidavit saying it was mine to get her charge dismissed

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2 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: You can, but that does not mean that the prosecutor will drop the charge against her, especially if they believe that she knew it was there. Texas law recognizes "joint possession" in certain situation, and more than one person can be alleged to be in possession of a controlled substance. Also, if you sign such an affidavit, you may find that they decide to prosecute you, also.

Kiele Linroth Pace agrees with this answer

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You should not do that.It will not work, count on it. If the meth was on her person, she knowingly posssessed it, unless someone put it in her clothing, for example, without her knowledge. If you tried to sell that story to the police or prosecutors or a Court, they might just charge you.

If you tell them she was just "holding the dope" for you, what you'd be saying is that she is guilty of possession with the intent to deliver" it back to you, which increases the severity of the charge as well as the possible lenght of a prison sentence if they believe you and re-file her charges.

This is a plan you should absolutely forget about.

Kiele Linroth Pace agrees with this answer

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