Legal Question in Criminal Law in Texas
Possession of Marijuana under 2oz
I was written a citation for possession of Marijuana under 2oz last night. I was with some friends who were all in the same vehicle when the police officer showed up. One particular individual claimed the substance as theirs (1oz) and was questioned by the police. He said he was not read his rights, (I don't know if this applies since we were not taken to jail) Can all 5 people be charged for possession if the indvidual claims the bag and testifies in court that he did? Also, the other 4 of us were not talked to and not read rights. We were simply handed citations to sign. Is this worth the lawyer fees?
1 Answer from Attorneys
Re: Possession of Marijuana under 2oz
Usually these cases get dismissed when 1 person claims the drugs. That say all 5 people in the car can be charged. I recommend going to court and explaining to the prosecutor that the drugs belonged to the person who claimed them. If they don't dismiss the case, then hire an attorney.
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