I have a felony poss of a controlled substance less than a cram case pending where a half gram of meth was found on the floor of

Asked over 1 year ago - Houston, TX

car i was driving. they chargged me and the passenger with this.the passenger has now plead guilty to poss. the state still pushes for charges on me to what do i need to file

Attorney answers (6)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You don't need to file anything. You need to hire a defense attorney experienced with handling drug cases. The DA isn't going to dismiss your case just because your co-defendant pled. Your options will be to plead the case or set it for trial.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Cody Grant Henson

    Contributor Level 9

    2

    Lawyers agree

    Answered . If you have not done so already, you need to hire an attorney. Your case is not automatically dismissed simply because your co-defendant took responsibility. However, your attorney can look at all of the facts and determine the best course of action.

  3. M Elizabeth Gunn

    Contributor Level 18

    2

    Lawyers agree

    Answered . Believe it or not, both of you can be considered to be in possession of the same drugs at the same time, and it's not at all unusual to see more than one person charged AND convicted under the circumstances you describe. There is no form or motion or anything else that you an file that will make this just go away. It's possible that your attorney would be able to convince the prosecutor that their chances of winning at trial were lousy enough that they'd eventually decide to dismiss, but that's not likely to happen easily, and it's not going to happen at all without an attorney, because the prosecutor won't even talk to you about your case. So all you need to do right now is find a good criminal defense attorney. Good luck.

  4. Ryan Joseph Mitchell

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You need to hire an attorney who has experience with these issues. Under the law of parties, the State can charge you with possession of a controlled substance under various circumstances. As a former prosecutor for over six years I encountered this cases on a daily basis. Some can be made and some need to be dismissed. The type of attorney you get can help determine what the outcome will be. You need to hire someone who is experienced and has the knowledge necessary to fight for you. Most attorneys, including myself, have free consultations. Shop around and find someone you trust. But, the co-actor pleading guilty may help you in your case.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also,... more
  5. Evan Edward Pierce-Jones

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with attorneys Jaggers, Henson, and Foley.

    Criminal defense is no more a do it yourself job than filling a tooth or taking out a bad appendix. Would you do surgery on yourself? Still, people keep on thinking that with little or no knowledge of the law and no experience as a lawyer, and with the loss of credibility that comes from being the defendant, that they can still defend themselves. Too bad.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  6. Jacqueline R. Kriebel

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If he pleas guilty then you should have him sign an affidavit taking responsibility for it. It can only belong to one of you. Usually the prosecutor will dismiss your case when you inform them the co-defendant took a plea.

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