Legal Question in Criminal Law in Texas

Posession

I was pulled over late at night, driver taken for dui, I was passenger in my car. I was told to go with wrecker driver, then asked to get out of car and my purse was searched. 2 loose Vicodin were found that I have RX for. I was taken to jail. I have no record not even speeding ticket. I went to DA, was told that some medication that I have not even heard of was found in my purse, that i have no RX for. How do I prove my innocence? If I can't prove my innocence what is going to happen to me?? Am I going back to jail? The system just seems crazy to me! The officer that pulled me over is already under investigation, but do I really want to fight it? Do I want her fellow officers watching every move I make? I am just at a loss! I have never been on the bad side of the law and take much pride in that, now I have no faith in the system and feel like everyone just wants my money which with being a single mom is very difficult. Please Help! Any advice is much appreciated, and if someone can tell me the worst case senerio of what I am looking at if this is not dismissed I would appreciate that too.

Thanks in advance.


Asked on 5/03/04, 3:40 pm

3 Answers from Attorneys
Lee McMillian Law Offices of Lee MCMillian

Re: Posession

Possession of two vicodin is a misdemeanor. Absolute worst case is a year in jail, fine and court costs. A more likely result is probation, court costs and treatment. Get a lawyer and fight it if you are not guilty. Don't let 'em railroad you.

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Answered on 5/03/04, 5:30 pm
John Armstrong The Law Office of John W. Armstrong

Re: Posession

You need to talk with an experirenced criminal attorney, and fight this case if you are not guilty. The drugs actually pulled out of your purse can be tested by your own expert.

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Answered on 5/03/04, 5:56 pm
Laura D. Heard Law Office of Laura D. Heard

Re: Posession

If I were you, I'd demand a jury trial, based on what you have said. Apply for a court-appointed attorney and see if you qualify financially. IF you don't qualify for a court-appointed attorney, hire one. Either way, don't be too quick to take probation just to get it over with, because you don't want to ruin your clean record. However, if you do get probation, make sure it is "deferred adjudication," which means you are not convicted. Later, you can apply to have a nondisclosure order on the deferred adjudication. But for now, I would demand re-testing of the drug, get proof of the officer's disciplinary record, and look into whether the search of your purse was illegal. The DA is likely to be cynical and will think you are guilty regardless of what you say, so will use anything you say against you. You need a lawyer and a jury.

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Answered on 5/03/04, 11:19 pm


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