Legal Question in Criminal Law in Texas

I was charged with possesion of marijuana of 2 oz in Dallas, Tx. I was driving my friend's vehicle due to his overdrinking. Every substance in the truck was his possesions and admitted to the officers that it was his. Since I was driving, I got charged with one of the offenses. My friend is willing to sign a statement indicating that he is completly at fault. Should I hire an attorney or just bring the statement and defend myself? What are my other options?


Asked on 8/23/10, 12:15 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need an attorney. There is a legal presumption that the driver of a vehicle is in possession of everything in the vehicle. However possession must be knowing (otherwise we'd all be guilty of possessing the cocaine that is rumored to be present in our cash). I am not familiar with the prosecutors in Dallas, An attorney who is may be able to produce the statement from your friend and have the charge against you dismissed. Unfortunately, prosecutors usually will not speak with defendants.

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Answered on 8/28/10, 2:20 pm
TC Langford Langford Law Office

You need to hire a lawyer. The ADA may offer you a plea bargain, but will not offer to dismiss the charges. As the driver of the vehicle, you are presumed to be in possession of everything in the vehicle. It is your lawyer's job to overcome the presumption, by demonstrating you had no knowledge.

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Answered on 8/30/10, 8:04 am


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