Legal Question in Criminal Law in Texas

I was a passenger in a traffic stop. A state trooper pulled us over and the driver told me to get out and he locked the doors. The trooper then took the drivers keys and reentered the vehicle where he found in the trunk a pound of marijuana. The driver took responsibility as it was his, however, I was charged with possession under two ounces and they took about $6,500 out of my purse. What can I do in attempt to recover my property?


Asked on 12/04/10, 6:21 am

1 Answer from Attorneys
Mark Di Carlo Mark A. Di Carlo

You cannot get back the marijuana, even if it was an illegal search.

In order for the state to keep the $6,500.00 the state of Texas will have to file a lawsuit in court within thirty days.

If they do not file a lawsuit within thirty days then you should be able to get the money back without a problem.

If they do file a lawsuit, then you will probably have to hire an attorney; as this area of law is relatively complex. You are not entitled to a court appointed attorney.

If they file a lawsuit and you are served with the lawsuit, you have thirty days to file an answer in court. You may be able to file an answer "generally denying all the allegations" within thirty days until you obtain the funds to hire an attorney.

Please contact another, and preferably a local attorney, immediately, for a second opinion.

It does not appear that it would be worthwhile for you to hire me for this amount of money; in the Fort Worth area you are writing me from.

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Answered on 12/14/10, 8:36 am


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