Legal Question in Criminal Law in Texas

questionable law

How does a young man, as a passenger of a vehicle (non owner), after being pulled over and searched, a firearm is discovered under the seat where he was. The driver's father is the owner of the vehicle and the weapon. The father of the driver (unrelated to the charged and arrested passenger) testifies in court to ownership of all property and verifies to the unknowing of such by this passenger. With a private-pay lawyer, how is this young man found ''guilty''? First offense ever and the only charge that resulted from that vehicle being stopped ?


Asked on 8/09/08, 6:01 am

2 Answers from Attorneys
Bristol Myers Bristol Myers & Associates, P.C.

Re: questionable law

If the guilty verdict occurred less than 30 days ago, then a motion for new trial or a notice of appeal needs to be filed. Assuming all facts are true as written, then possession was not established. As to how this miscarriage of justice could happen, the only answer is that the judge or jury at a trial is entitled to assess the credibility of the witnesses who testify, and for some reason the judge or jury did not believe what they heard. Or perhaps the facts were improperly presented by the defense lawyer?

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Answered on 8/10/08, 12:19 am
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

Re: questionable law

If your appellate deadlines have not run, and you have stated the case accurately with no omissions (e.g. the defendant's admissions, statements, nervousness, movements/gestures, etc.) then you have a strong case for appeal. Was there a jury trial?

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Answered on 8/09/08, 11:11 am


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