Legal Question in Criminal Law in Texas

I was at a house while it was raided. i didnt live there. i was taken to jail along with the person who lived in the house. they said i'm a codefendant. how can they do that?


Asked on 5/24/11, 7:44 pm

2 Answers from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

If there were drug out in the open, then you can easily be charged with possession of them. Without more information, that is all I can say.

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Answered on 5/24/11, 7:50 pm
Sharita Blacknall The Law Offices of Sharita Blacknall, PC

You did not give enough facts to give a complete answer. So, I will provide some general information with the assumption that this was a drug charge.

It is common practice for police to arrest everyone in a car or in a home during a drug raid or traffic stop.

However, once the case goes to court the state has to prove a couple of things. First, they must show that the person knowingly or intentionally possessed the drugs. Second, they must prove possession. Possession is defined as actual care, custody, control or management.

There are many other legal doctrines that apply to this situation such as search and seizure law, plain view doctrine etc.

I suggest that you make no statements to anyone and consult with an attorney immediately.

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Answered on 5/27/11, 1:37 pm


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