Legal Question in Civil Litigation in Texas

My girlfriend was driving her car with another passenger in the passenger seat, and they got stopped and searched. The cops found a misdemeanor offense (5.53grams of marijuana) in the car and charged the passenger bc it was in the glove box, even though it was neither of theirs. If the passenger is found innocent, or the case is dismissed on him

Could the courts then charge my girlfriend with the possession of the marijuana later on in the future( even though she can pass a drug test)????

Thanks so much


Asked on 9/19/10, 4:35 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Charges come from the prosecutor, not the courts. Your girlfriend can indeed be charged, whether her passenger is convicted or not. She can be charged while the case against her friend is still pending. Two people can simultaneously possess the same item, so it is quite possible for both your girlfriend and her passenger to be guilty.

(That the pot was in the glove box seems like a pretty flimsy reason to presume they belonged to the passenger. Are you sure that was their only reason?)

That your girlfriend can pass a drug test is not terribly relevant. Any charges she might face will likely be for possession (and possibly transportation of) marijuana, not for being under the influence. Someone who has never used drugs can still possess them.

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Answered on 9/24/10, 4:45 pm


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