Distribution w/o a possession charge?

[ickyturtle]

About a year ago, I was arrested along with a friend while fishing on private property. At the time of my arrest my charges were possession of a controlled substance and paraphernalia. The person I was arrested with had a large amount of methamphetamines and was eventually charged and sentenced. So while I am no longer being charged with possession, they're wanting to charge me with just distribution which is still a felony in Texas. I'm not really sure what to do now. I am told that I have a warrant for my arrest and will have to sit in the county jail for up to a year for a court date. I need to get my life back and with this hanging over me I feel like I'm in limbo. I want to get this taken care of but have no money for a lawyer. I also no longer live in Texas and can't afford trips back and forth.

 

[HighwayMan]

I need to get my life back and with this hanging over me I feel like I'm in limbo.

As Beretta used to say, "don't do the crime if you can't do the time".

You're complaining that they aren't charging you with something else? What happened with your court case? You stopped showing up? You fled the state?

 

[FlyingRon]

Get an attorney is the only real answer. He can intervene for you on the nature of the charge and hope schedule you an orderly appearance to deal with the warrant that may obviate you spending any prolonged time (at least for now) in jail.

You don't have to also be charged with possession, the trafficking charge includes the element of possession. Texas's trafficking laws are somewhat unique in that just having constructive access to a large amount of drugs is sufficient. They do not have to show you moved, attempted, or even intended to provide them to others.

What your lawyer will attempt to argue (provided the amounts you personally had were smaller than what the statute defines) is that you didn't know and didn't have control over your buddy's meth. However, that's going to be a tough case to make. Ownership of the drugs is not the issue. "Those aren't mine" isn't a defense.