La Vernia, TX asked in Criminal Law for Texas

Q: Can I be charged with possession of a controlled substance if it was in the trunk of someone else’s car in a iPhone box

My daughters car was parked and no one was in the car the police came because of somebody who was helping us move they searched the vehicle and they found a iPhone box and it had drugs in it because I had a iPhone they charged me even though my daughter and me both said it wasn’t ours and it was found close to our friends briefcase whom was also arrested for theft of a firearm. Is there anything I can do to fight this

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2 Lawyer Answers
Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Yes - if you are not guilty, then plead not guilty and hire an attorney. They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession. The viability of your defense is very fact dependent. You will be in the best position to fight your case if you carefully choose your lawyer. Good luck.

Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession , you can be charged but you can fight the case if you are not guilty. You did not say why police searched the car.

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