Dallas, TX asked in Criminal Law for Texas

Q: My fiance' was charged with two felonies.

1 hydracodone pill and 1 morphinr patch.

My question is sence he had prescription for the pill and medical records proving the pill was his and his mother had prescription for the patch also signed affidavit claiming the patch. Doesn't the D.A. have to drop those charges? Also the truck belongs to his mother they both share the same vehicle. She had just left the pharmacy the day before and got her script. Carelessly one had fallen out of the package. His pill was not in the bottle he had taken just one with him the night of his arrest for a broken elbow. He didn't want the whole bottle with him since he wasn't travlin over night .

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

A: No, the DA is not REQUIRED to drop the charges. If the DA does not drop the charges and the defendant does not enter a plea of guilty or no contest, then the DA will eventually have to prove every element of the offenses beyond a reasonable doubt to a jury at trial. The prescription and the affidavit will probably help the DA understand the difficult of meeting the burden of proof, but sometimes a DA can be stubborn and the defendant just has to get read for trial.

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