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TRIAL???? I think i should take it to trial

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B. Lester

Junior Member
#1
What is the name of your state (only U.S. law)? Texas

Can my case be dismissed ? My boyfriend and I were pulled over in a traffic stop. The officer asked who the backpack belonged to that was found in the truck and i said it was mine. the officer found hydrocodone in an unmarked script bottle in the backpack. I was changed with class A Misdemeanor of possession of a dangerous drug. Since I have aquirred an affidavit from the person who left the pills in my truck. stating that the pills belonged to them.



My attorney said i can get 18 months probation for my class A misdemeanor. Should I take it to trial. I have no intentions of pleading to a case i didn't cvommit


This is the 2nd plea. They said that since I did admit to the backpack being mine then the pills are also. I took a disabled friend to the store and when finished she had left her pills in my truck. I put them in my backpack to return to her but was pulled over for a light being out on my pickup truck. I was searched and they found the pills in my backpack. She wrote an affidavit about the situation. I think it can be dismissed.
 


Just Blue

Senior Member
#2
What is the name of your state (only U.S. law)? Texas

Can my case be dismissed ? My boyfriend and I were pulled over in a traffic stop. The officer asked who the backpack belonged to that was found in the truck and i said it was mine. the officer found hydrocodone in an unmarked script bottle in the backpack. I was changed with class A Misdemeanor of possession of a dangerous drug. Since I have aquirred an affidavit from the person who left the pills in my truck. stating that the pills belonged to them.



My attorney said i can get 18 months probation for my class A misdemeanor. Should I take it to trial. I have no intentions of pleading to a case i didn't cvommit


This is the 2nd plea. They said that since I did admit to the backpack being mine then the pills are also. I took a disabled friend to the store and when finished she had left her pills in my truck. I put them in my backpack to return to her but was pulled over for a light being out on my pickup truck. I was searched and they found the pills in my backpack. She wrote an affidavit about the situation. I think it can be dismissed.
Pills in an unmarked bottle are illegal even if they are your script. The story you have posted ^ is not really believable.
 

quincy

Senior Member
#3
What is the name of your state (only U.S. law)? Texas

Can my case be dismissed ? My boyfriend and I were pulled over in a traffic stop. The officer asked who the backpack belonged to that was found in the truck and i said it was mine. the officer found hydrocodone in an unmarked script bottle in the backpack. I was changed with class A Misdemeanor of possession of a dangerous drug. Since I have aquirred an affidavit from the person who left the pills in my truck. stating that the pills belonged to them.



My attorney said i can get 18 months probation for my class A misdemeanor. Should I take it to trial. I have no intentions of pleading to a case i didn't cvommit


This is the 2nd plea. They said that since I did admit to the backpack being mine then the pills are also. I took a disabled friend to the store and when finished she had left her pills in my truck. I put them in my backpack to return to her but was pulled over for a light being out on my pickup truck. I was searched and they found the pills in my backpack. She wrote an affidavit about the situation. I think it can be dismissed.
Did you/your boyfriend consent to a search of your vehicle and the backpack?
 

Taxing Matters

Overtaxed Member
#5
What is the name of your state (only U.S. law)? Texas

Since I have aquirred an affidavit from the person who left the pills in my truck. stating that the pills belonged to them.
First, let me address what seems to be a common misunderstanding. A lot of people think that drug possession cases are about who owned the drug. Your statement above suggests you may be thinking the same thing. The problem is that ownership is not the issue here. Possession of the drug is the issue, and possession means something different than ownership does. In a possession case in Texas the state has to prove the following: “(1) the defendant exercised actual care, custody, control, or management over the contraband and (2) the accused knew the object he possessed was contraband.” Ferguson v. State, 313 S.W.3d 419, 423 (Tex. App. 2009). So who the drug belonged to doesn’t matter and an affidavit from someone else saying he/she owned them does you no good.

The drugs were found in a container in a backpack you said was yours. Thus, as the pills were found in your backpack, you had custody and control of the pills. You could access those pills in your backpack and have done any number of things with them. That’s what possession is about. And presumably you knew what those pills were, that is, you knew they were hydracodone pills. So, assuming the search of the backpack was good, you are in a tough spot here.

I took a disabled friend to the store and when finished she had left her pills in my truck. I put them in my backpack to return to her but was pulled over for a light being out on my pickup truck. I was searched and they found the pills in my backpack. She wrote an affidavit about the situation. I think it can be dismissed.
This sounds like you are setting up a defense that you did not know the drugs were there. If you can convince a jury of that, the jury may acquit you after the trial. (This isn’t something that would lead to dismissal before trial.) The friend will almost certainly have to testify to have a shot at it. That affidavit would not be admissible in court and a jury is not likely to give much weight to your own self-serving testimony that you had no clue the drugs were in the backpack. The friend who is claiming to own the drugs would thus have to come to court to testify at the trial and, as adjusterjack noted, expose themselves to potential drug charges of their own in doing so. Would that friend really be willing to do that for you?

Your attorney knows all the facts of the case as well as the attitude of the judge a jurors in your area. We don’t have all that and cannot advise you whether to take the case to trial. That's up to you to decide. Listen carefully to your lawyer's recommendation before you decide. Make sure you understand both what you face if you take the plea deal and what you might face if a jury convicts you at trial. Usually if you go to trial and lose you end up with a more severe sentence than if you just took the plea deal.
 
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B. Lester

Junior Member
#6
Ok No Trial

For first time offender charged in Texas with miss possession how much probation should I agree to. Or What are the odds for setting it out for 2 or 3 months in jail?
 

Shadowbunny

Queen of the Not-Rights
#7
For first time offender charged in Texas with miss possession how much probation should I agree to. Or What are the odds for setting it out for 2 or 3 months in jail?
These are questions best left for your attorney to answer. No one here has the facts of the case, and it would be reckless for anyone to try to advise you.
 

quincy

Senior Member
#8
For first time offender charged in Texas with miss possession how much probation should I agree to. Or What are the odds for setting it out for 2 or 3 months in jail?
FreeAdvice has a Texas attorney as a member. Perhaps "CavemanLawyer" can provide you with some advice and direction - but your best source will be your own attorney.

Was there something about the stop for a broken tail light that led the officer to a search of your vehicle? Did you consent to the search of your vehicle and backpack?
 

quincy

Senior Member
#10
Thank you for taking the time to reply to my thread and giving me your input. I greatly appreciate it.
B. Lester
We all appreciate the thanks. I suggest you check your thread later for a response by CavemanLawyer. He might have some insight that the rest of us lack. Good luck.
 
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