Legal Question in Criminal Law in Texas

My boyfriend and I were pulled over for a routine traffic stop. When they pulled us over my bf had a sealed indictment for a del charge for 4-200g c/s. They arrested him and then arrested me saying I had warrants that I already paid. I had the receipt where I paid them but they wouldn't let me show them and arrested me anyway. They took me and my bf to jail then they searched the vehicle. They found drugs in the car and charged both of us for del c/s 4-200g. They said they did a field test and said some of the c/s was heroin. So we got charged for that as well. Neither one of us were present during the search, my warrants had already been paid, and the car wasn't even either one of ours. We declined to the search because it wasn't our car but that didn't matter. They didn't cease the car but had it towed. I have been on bond for 6 mths waiting to see if they were going to file the charge against me and on the 180th day they did. They got the results from the lab on the heroin and it was official, that in fact it was not heroin but c/s. So they no billed that charge. My question is can they charge both of us for the drugs or not? They already charged him and now they are charging me. Is that legal? If he admits they were his drugs can they still charge me as well? Also wasn't one of us suppose to be present during the search? And I was arrested on warrants I already paid and had proof of, is that legal? Lastly, since that wasn't our car can they charge either one of us?


Asked on 11/17/11, 11:57 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

(1) Especially with that amount of drugs, you can both be charged. The question is care, custody, and control - who had it. It does not matter if he claimed it or admits - although they generally would not proceed against both unless it could be smelled, was in your luggage, there were statements supporting the charge against both, or was otherwise obvious. People can and do have joint possession of even a small amount of drugs.

(2) They are not required to search the presence of either of you.

(3) Even if your warrants were paid and your arrest unlawful, that does not change anything with regard to the drugs. Assuming you were not arrested, the police would not have released the car to you upon your bf's arrest because it was not yours nor his.

(4) They absolutely can charge you both even though the car belonged to neither of you. You can borrow a car and put drugs in it to deliver & get caught and walk free? Not happening. But, the fact that the car belonged to neither of you takes away standing (a legal term) from both of you to object to the search.

You both need very good lawyers and you absolutely should NOT have the same lawyer.

Read more
Answered on 11/21/11, 12:24 am


Related Questions & Answers

More Criminal Law questions and answers in Texas