Legal Question in Criminal Law in Texas
I was arrested for possession of marijuana, however, it wasn't my marijuana, it was somebodies in the back seat. The police found the marijuana stuffed between mine and the drivers seat. The police officer interrogated everybody, and of course, everybody said they didn't know whose it was. so they were going to arrest the driver just because it was in her car. keep in mind that my friend is on probation at this time, so to save my friend 5 plus years in jail on probation violation, I did the noble thing and took the blame for it. The police officer asked me multiple times before putting me in hand cuffs "so are you going to take the blame for this?" Is there any way that I can get this charge dropped when i go to court?
2 Answers from Attorneys
You need to hire a lawyer. You confessed to committing an offense therefore it will be very hard to beat this case. Sounds like the cop was really trying to get your attention about the implications of your confession because the driver is the logical person for arrest if it was between you both, she is the driver, she is the owner, and there were no "furtive" gestures, etc.
One possibility is the basis of the search. A lawyer needs to look at this to see if it was legal.
If you were arrested less than 30 days ago, you should immediately go have a drug test at a local testing facility. It will not be THE answer to the case but may help your lawyer in defending you.
You need to hire a lawyer to contest the admissibility of your statement. There are many legal questions that must be answered in a situation where a person seemingly confesses. Some of the issues are 1. Was the statement voluntarily made; 2. Was the person making the statement in custody at the time the statement was made; 3. If the person was in custody, was the person read their Miranda warnings. In all cases where a question is raised as to the voluntariness of a statement of an accused, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions.
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