Magnolia, TX asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Texas

Q: What motions and forms do I need to e-file on a 481.121(b)(1) charge in Montgomery county Texas...

I am not guilty, I had no knowledge of the marijuana being in my vehicle, and I denied the police permission to search my vehicle. I want to get my case dismissed.

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

A: Getting a dismissal in a case like this isn't about filing motions and forms. The most likely path to dismissal will require a suppression hearing, the success of which is likely to depend on legal technicalities regarding the stop, the search, the arrest, and the transition from a traffic stop to a drug investigation. Your best chance for a dismissal will require hiring a criminal defense attorney who will carefully review all the evidence, including the DashCam and BodyCam recordings, in search of flaws in the officer's technique. Your attorney will apply the case law about searches to the facts in the light most favorable to the defendant.

Challenging the legality of a search is not a D-I-Y project, in part because there is no black-letter law on exactly what an office must and must not do. Instead, there is a patchwork of appellate court decisions handed down over decades of jurisprudence at the state and federal levels... and it continues to change and evolve as new decisions are handed down. It is not an exaggeration to say that there have been substantial changes in 4th Amendment jurisprudence since I was licensed in 2001.

You should hire a local criminal defense attorney who focuses on defending the types of cases that are often won on suppression of evidence grounds... which basically means an attorney with a focus on drugs or DWI defense.

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