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I was stopped and charged with poss. of controlled substance. One dose 65 mlgs.[methadone] Can I get the case dismissed?

Houston, TX |

I am 45yrs. old with two past poss. of controlled substance convictions. I am a recovering addict, for that reason I was sympathetic when a friend called and asked for a ride to the methadone clinic. She had dropped one of her unopened bottles of methadone in my car. I was stopped and charged. She is willing to help in any way she can. The bottle had her name and information on the label. I was unaware that it was in my car. Due to past convictions my car and person was searched. I don't feel the state could win a conviction in trial due to the fact my friend has written an affidavit and had it notarized. Admitting she had accidently dropped it in my car after I had given her a ride. And she is willing to go to court with me as well. Please advise me on my best course of action.

Attorney Answers 3

Posted

Well the course of action is that you hire an attorney. Your friend's statement will help, but DAs are not always persuaded by one person trying to take the blame for another. This statement may help an attorney convince the gran jury to reject the case. This is always a great result, because it takes your case out of the DAs hands.

Your criminal history does not give the police probable cause to search your car. First the traffic stop has to be legal, then the search. If you get indicted, your attorney will review the State's evidence to see if there's a way to beat the case at these stages.

The grand jury process can happen quickly. Start interviewing attorneys as soon as possible. Best of luck.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

Definitely hire an attorney. Sounds like you have a good case for trial. Now you just need to find an attorney who is willing to take it to trial and successfully convey your story to a jury. Also a good attorney could find a way to suppress the search and/or stop keeping the controlled substance out of the evidence.

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Posted

Your case sounds very defensible if the evidence turns out to be as you've described. Equally important to the friend's testimony will be where the bottle was discovered in your car. Your lawyer will also need to accumulate some other records to establish what you're saying. Macy is right that grand jury presentations in simple possession cases can happen VERY quickly (i.e., sometimes in less than a week). It is imperative that you get a competent lawyer working on this ASAP. Usually the DA's office will withhold a case from grand jury (for a while) if the defense attorney has asked them to do it.

*** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell) Peebles@TexasLegalTeam.net www.TexasLegalTeam.net

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