My son is being charged with Fraud Counterfeit money in Bexar County

Asked about 3 years ago - San Antonio, TX

He was in a vehicle smoking pot with 6 others when they searched his car w/o permission. The person he was purchasing pot from previously had a dropped a counterfeit $20 and that is what they found and charged my son with. They dropped the drug charge and moved it to the other individual who had drugs on him. However, even though my son didn't know that was in the back of the car & told cops this. The individual arrested for pot admitted it was his to my son in jail. They aren't even charging him with possession but Fraud Counterfeiting Money. Entire car was searched and no $ making items were in there. Court Appt attorney acting like we should just plea when he didnt do anything and this is a felony offense that can ruin his life. any suggestions.

Attorney answers (3)

  1. Benjamin Allen Stephenson

    Contributor Level 9

    Answered . Counterfeiting can be charged as a federal crime (18 U.S.C. §472) with possible imprisonment as high as 20 years or as a state crime (Texas Penal Code §32.21(e)(1)) with possible imprisonment as high as 10 years. Either way, the prosecution must prove that he was in actual possession of the $20 and that he had knowledge that it was counterfeit. Possession is a big picture argument, and depends on several factors including where he was/where the $20 was, who else was within reach of it, etc. While we get in trouble if we guarantee the outcome of a criminal case, I will tell you this sounds like it is a case worth fighting, and I would not recommend he plead it out based on the information you provided. If you choose to call my office, I would like to talk to you at no charge and find out more information so I can more fully answer your questions and let you know what representation would cost if you or your son choose to have me represent him.

  2. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . As noted above, it is impossible (and inadviseable) to give a guaranteed result, however there appears to be more to the case than a simple quick plea warrants. Have the case investigated, and if you can, hire an attorney if you feel the Court Appointed Attorney is not personally invested in the case. Court Appt'd Attys are very competent practioners but you are free to retain an attorney that you can involve in the investigation.

    Possession is a loose term, but from the facts above, your son might have a solid defense.

    Although my intent in answering this question is to aid you in the legal process, my answer does not establish an... more
  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . Possession can be joint or by one person. Generally if no one is holding the item, it is "assigned" to the nearest person (or whomever the cops claim made "furtive" gestures towards the area where the items was found.) If there is only one person in the car, then that person generally gets the charge.

    Some of the "affirmative links" that are considered are: 1) driver of the vehicle; 2) owner of the vehicle; 3) who has the keys; 4) who is nearest the item; 5) is the item hidden or in plain view; 6) can the item be smelled; etc. There is no exact formula.

    It is possible to get fingerprints off of the bill. However, if your son ever touched it, then that would just seal his fate. (It does not matter when he possessed it - just that he did.)

    The lawyer probably fears the "defense" in the case - "my dealer dropped the money in the car". It would be a bit difficult to sell but it could be done with the proper voir dire.

    If you are not satisfied with the appointed lawyer's representation, then I suggest you invest time and money into finding a lawyer with whom your son can be satisfied. The lawyer may have the same recommendation but at least you will be more comfortable with the decision.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more

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