Houston, TX asked in Criminal Law for Texas

Q: Sorry the drugs where in car. I was passenger and then he had the drugs on him not me I didn’t have anything on me at al

So when he arrested us I had nothing on me abs scale was his car under my seat. How can I get charge for meth when he had it on him not me

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

A: You can get CHARGED with assaulting the Tooth Fairy if an officer believes you did it. The fact that the Tooth Fairy isn't actually real is a great defense at trial, if a case like that actually got that far, but that won't prevent an arrest if the officer is convinced he has probable cause.

Finding you in someone else's car in those circumstances is probably enough probable cause for the arrest... but not necessarily enough to prove the case beyond a reasonable doubt. Your best bet at this point is to hire a really good local criminal defense attorney to try to get the case dropped. If you can't afford it, then it's probably a good idea to swallow your pride and ask your family for help with the fee ... because a felony drug conviction can really hurt your future opportunities and you're rolling the dice if you rely on a court-appointed attorney. I care about my children's future and I would want them to ask me.

Beware if they drop the possession in exchange for you entering a plea or no contest to paraphernalia then the felony arrest will stay on your criminal history forever. The only way to have it removed is for all charges to be dismissed and then later expunged.

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