If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?
You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)
A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge...Read more »
Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »
The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you....Read more »
Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.
Defendant believes counsel was overwhelmed &... Read more »
First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to...Read more »
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...Read more »
Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »
I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... Read more »
It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare...Read more »
There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »
Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then...Read more »
fiancé was arrested year ago charge wth 2 feloniesOne hydraco pill was his prescrption A morphine patch that was in his moms vehicle the patch belonged to her dyeing sister in which she passed away a month later. His mother had taken her to get the script the day before and had dropped one in the... Read more »
No, the prosecutor is not required to dismiss the case. He or she can seek a conviction if they believe it is in the interest of justice. The answers to your other questions should come from his criminal defense attorney because that is the only person who has the facts. If your fiancé is on...Read more »
Consult an attorney who FOCUSES on parole work and ask about the possibility of both parole and of your brother receiving a commutation of the sentence. Don't just look for a criminal defense attorney that also does a few parole cases on the side... you are looking for a person whose law...Read more »
If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?
Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?
The McLennan County courts, police, law enforcement and jail Authorities committed libel, slander, and fraud against me to create an illusion I'm guilty while knowing I'm innocent of any charges and generally violated my God given/USA constitutional rights. I want to challenge them in... Read more »
Search the internet for an attorney who takes federal civil rights cases. There could potentially also be torts that could be filed in state court, but some require a not-guilty or complete dismissal of criminal charges. It is my understanding that these are hard cases because the government...Read more »
One way is to ask the attorney you know for a referral... even if the person you know is the "wrong" type of attorney. For example, if you know an attorney that handles issues in Family Law, that person might be able to give you a referral to a good attorney who practices in an area like...Read more »
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