Legal Question in Criminal Law in Texas

wrong person charged

My daughter was driving my sons car. We had to go pick it up from a body shop. My daughter had a auto accident on the way back home. The police found a drug pipe in the car. She was unaware of the item and does not even no what it was that they had found. I have contacted the person who says it was his and he is willing to go to the district attorney to tell them it was his not hers. What should I do from this point.

--name removed--Billot


Asked on 11/30/05, 2:47 pm

2 Answers from Attorneys

Re: wrong person charged

When did this happen? Has she been charged? Even though the friend says he will go to the DA, it is against his best interest and he may not follow through. You also run into the problem of whether the DA will find him truthful or not. In some circumstances, they will want to pursue the case to get trial experience. Have an attorney talk to him and prepare an affidavit. If possible, drive him to downtown, with affidavit in your possession and talk to the DA. When is her court appearance? Which court?

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Answered on 12/07/05, 8:05 am
TC Langford Langford Law Office

Re: wrong person charged

First, my sympathy to you as that must have been a terrible day -- Secondly, get her a lawyer right away. There is no assurance that the friend will go to the DA as promised, especially if the friend consults an attorney. Also, the DA may well not believe him. More likely, the DA will not care, and will insist on pursuing the case against your daughter, anyway. At the very least, get an affidavit from the friend right away before he changes his mind. TCL

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Answered on 11/30/05, 3:18 pm


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