Asked in Criminal Law for Texas

Q: If I didn’t live in a house and there were drugs there and the owner of house claimed them would I get cleared from it?

Was sleeping in bf house when law came&arrested me for warrant. Also charged with possession of control sub bc there was a sack of dope on his night stand. He is willing to sign an affidavit stating they were his Would that clear me from the charge bc i was scared And half asleep and told them they were mine at the time.

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

A: I'd say no, it won't clear you. You confessed in a manner which appears to be voluntary. Sounds like you just said the drugs were yours without even being asked? If that's the case and assuming the officers were in his house legally, then your confession counts. There's no "King's X" for people who are scared or sleepy or both, unless the officers did something you're not mentioning, I think you have given the State of Texas a "good" case for possession of a controlled substance.

Now, having said that, it's possible that the prosecutor in your county might actually let you out of the case if your buddy signed the affidavit. But you need a criminal lawyer to arrange that kind of deal before your friend does anything. Otherwise, if your friend does this without an attorney-arranged deal, then he's just given the State another possession case on himself without police or prosecutor having to do any work. Then they got both of you.

DO NOT TRY TO MAKE THIS KIND OF DEAL without a lawyer. Even with a lawyer, it is unlikely to work, but it is worth having a lawyer look into the possibility.

Good luck with this.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: I agree with attorney Michael Hamilton Rodgers. It is unlikely to help because you already confessed and more than one person can be convicted of possessing the same contraband. Your attorney will review the evidence to determine if the officers made any mistakes that could lead to suppression of the evidence or your confession.

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