Legal Question in Criminal Law in Texas

cops raided the house and found meth in the house so me and my boyfriend got charged with possession of controlled substance over 4 grams under 200 grams and tamper/fabricate with physical evidence w intent to impair. they also found a bag of cocaine that was outside on the ground next to the cop car that my boyfriend was in but it wasnt his and it wasnt even on the property cause the cop car was parked next door. we think that the cops put the bag their to set him up cause he got an extra charge for it. is there anything we can do to get that charge dropped, or even the whole case dropped since it was a set up? and if so, would that also get the other charges dropped for the meth that was found in the house?


Asked on 7/30/18, 10:27 pm

1 Answer from Attorneys
Wes Ball Wes Ball Law

You question does not provide enough information to make a determination. I can say that to be charged with possession in Texas the prosecutor must be able to prove that the person exercised actual care, custody, control or management of the contraband. For the meth in the house, I would need to know where it was found, who lived in the house, are there any affirmative links from the meth to your boyfriend e.g. it was in a drawer with mail addressed to him laying next to it and things of that sort.

As far as the cocaine on the ground, if nobody saw your boyfriend drop or throw it there, then that is a bit weak. Of course the defense could request the packaging be tested for contact DNA, or fingerprints. Of course, be careful what you ask for.

The best route is to consult with a Board Certified Criminal Law Specialist in your jurisdiction.

Wes Ball

www.ballhase.com

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Answered on 7/31/18, 4:52 pm


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