Legal Question in Criminal Law in Texas

My husband was arrested for poss controlled substance 4-200 gms. He waa a passanger the driver & owner of the truck was in a house the police were called by a neighbor for being a suspicious vehcile. The cops found 9 grms of methamphemine in the trucks console. It did not belong to my husband but he does have prior convictions for poss of neth. He didnt give concent to search as it wasnt his truck. The owner & driver fled the scene my husband was the only one arrested. Can my husband beat this case since the dope was found in the truck he didnt own or wasnt driving or because he didnt give them consent to search?


Asked on 7/10/13, 9:11 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

No way to answer this question with any amount of certainty. He needs to discuss all this with his lawyer. If indeed he never touched the packaging, perhaps they can test for fingerprints. If he is just sitting in the vehicle and the drugs are out of sight, the truck does not belong to him, etc., then he has a potential defense but a lot will ride on what the reporters say about what they observed.

He had no standing to object to the search as the vehicle did not belong to him.

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Answered on 7/11/13, 2:50 pm


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