Legal Question in Criminal Law in Texas

Guilt by association

Five people, including me, were at a private residence that was the object of a drug raid. Four ounces of pot were discovered in a drawer in the house. I don't own or live in the house and I was not in possession of any drugs. The police searched my car, with my permission, and no drugs were found there either. However, everyone was arrested and all charged with felony possession. The authorities indicate they intend to present the case to the grand jury and have repeatedly refused to provide anything indicating the basis for the charge. The only information I am able to get, from the police, is a partial arrest report, which basically says I was arrested. About six months ago I pled guilty to misdemeanor possession of paraphernalia and paid the fine. The above are my only two experiences with the law. Even several of the arresting officers were surprised that I was arrested.

How can I find out what evidence the state claims to have against me?

What impact will the earlier conviction have on this current charge?

What would be the best way to go about having this charge dismissed?

I have very little income and need legal help.


Asked on 2/23/04, 4:20 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Guilt by association

You are probably not going to like these answers, but they are the best that I can tell you.

(1) How can I find out what evidence the state claims to have against me?

Answer: You are going to have to hire an attorney, to discover what evidence the State has against you.

(2) What impact will the earlier conviction have on this current charge? Answer: Not much of any impact, unless you take the witness stand to testify at your trial if the case gets that far.

(3)What would be the best way to go about having this charge dismissed?

Answer: Fight it.

(4) I have very little income and need legal help. Answer: Don't wait until the Grand Jury indicts you, start trying to find an attorney now that you can afford.

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Answered on 2/23/04, 6:00 pm


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