Legal Question in Criminal Law in Texas

Out of State defendent with drug possesion charge

I am from NJ. I was arrested in Bush Int airport on a random customs search coming in from Mexico, where they found 1/2 gram of meth. in one of my CHECKED bags. Nothing else was found. I was indicted on a possesion charge only. The lawyer i have spoken with says i need to be in Houston once a month. Isn't there a way to have representation for me so i do not have to appear for each docket? Also, is there a possibility to suppress evidence since it was not found on my person but rather a bag that left my possession when it was checked, and put on the conveyor belt etc. plus the random search? I am SWF traveling alone. Do you feel there is room for dismission or a least a plea bargain for a lesser crime?

Also, about how much would something like this cost me? The lawyer wanted a $5000 retainer, another $5000 upon pre-trial and then another $5000 if it goes to trail. This sounds high considering it is a first offense possession charge.

I also took a drug test the next day and tested clean; for my personal admittance if necessary. Nothing else was found on me. $2000 bail was set and i have been indicted. Arraignment is not yet scheduled, but i want to waive my appearance..

I really need some help!!!

Kristin


Asked on 12/29/04, 2:24 am

1 Answer from Attorneys

Re: Out of State defendent with drug possesion charge

Kristin,

The lawyer was right you will have to be in Houston for docket call, however, depending on what happens for example a plea bargain, trial, etc...it could be over soon than later.

With regsards to suppression of evidence, it will take a review of the records to make that determination. At this time, it is premature to say conclusively one way or another.

Also without seeing the file it is premature to say that there is or is not potential for dismissal, with regards to a plea bargain that will depend on the prosecutor. Do not rule out any possibility yet. With regards to cost, with the limited facts you have provided, I think you could find a firm to help for less. However, it is good you got a quote for the pretrial portion and trial portion. If you took a plea bargain you would only pay the lesser. Yes courts will look at this is your first offense. Do you have any other offenses? When did this happen? What court are you in? Do you have family in Houston?

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Answered on 12/29/04, 8:37 am


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