Sulphur Springs, TX asked in Criminal Law and Federal Crimes for Texas

Q: Can she get the charges dismissed if the drivers on the affidavit saying she knew nothing about the drugs

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

A: Assuming this is an extension of the motorcycle question... It is the prosecutor's job to decide which cases to pursue and which to dismiss. An affidavit might help, or it might not... depending on how the prosecutor reacts to the contents of the affidavit. It might also help if the passenger could go get a private test to prove no drug use... and a hair test that goes back months might be more powerful than a urine test. I can't promise that would work but basically, the goal is to convince the prosecutor that the passenger is not a criminal... just a person who needs better friends.

The chances are probably better if it is presented by a criminal defense attorney who knows how to make the prosecutor do a bunch of legal work if they choose NOT to dismiss. Attorneys are all busy and they don't want to do unnecessary work... if there is a potential problem proving INTENT then it would be smarter for the state to dismiss the case early and spend that time working on a different case. However, just because that would be smart doesn't mean they will actually do it. Sometimes they are so swamped with work on old cases that are about to go to trial that they don't spend the time filtering out new bad cases... so they end up working too many bad cases for way too long.

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