Legal Question in Criminal Law in Texas

My name is Kemetra Revis and Im from Bay City Texas,I was riding with 2 of my friends when we got pulled over by a State Trooper. There was Marijuana in the car but not in my possession, my 2 friends had it because i do not smoke but they were smokin at the time we got pulled over. They took claims for all of it but I still got a possesion of marijuana charge. At the time, the trooper searched the car and in my possesion there was a Xanax which i did not know was in the purse that I borrowed from a friend so was also charged with possession of controlled substance. I wasd told that since my friends took claim for the marijuana that i shouldnt have been charged and with the CS charge, it should be cdropped because I was wrongfully charged, that it should have been a possession of a dangerous drug..is this true?..I need to know because i go to court on the 16th and i was told that i need to get a lawyer..thank you


Asked on 3/02/11, 10:11 am

1 Answer from Attorneys

Mark Di Carlo Mark A. Di Carlo

I would suggest you obtain a lawyer.

The prosecutor probably would not drop the charge for Xanax possession in a case where you were stopped in a vehicle where marijuana was being smoked unless you can prove the purse was not yours and/or if the friend said the purse was hers.

You can have joint possession of marijuana between two or three persons. So, unless the prosecutor is convinced by your friends that the marijuana was not yours it is doubtful the case would be dropped.

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Answered on 3/03/11, 10:26 am


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