Legal Question in Criminal Law in Texas
My friend is facing up to 22 years in prison for having a large quantity of mushrooms. But they were not his and were underneath the passenger seat where his friend was sitting. the friend was only charged with having marijuana. But because they were in his car they were charged to him. they didnt read him his miranda rights till he went to the jail's court the next day. It all happened in Fulshear ,Texas
1 Answer from Attorneys
Miranda rights only become an issue if someone gives inculpatory statements in response to custodial interrogation. Those statements can be suppressed.
Your friend needs a good lawyer. He is charged because he was driving the vehicle but there is a good argument that his friend placed them there. That said, if they were obvious, or he had to have seen them put in the car, he can be in joint possession.
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