What should I do if I was riding with a friend in his car, he had weed in his glove box, e were pulled over and I got arrested?

The cop said he smelled weed, so he pulled us out and searched the ca. He found the weed but my friend said nothing, I said not mine, not my car. However, the cop said I was the closest one to it so I got arrested. My friend was let go. Do they have a case? My mom has a text from this friend admitting that it was his.

Asked on August 27, 2014 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They authorities most likely have a case--at least enough to charge you. All they need to charge is evidence showing that it is "likely" that the drugs were yours, and that you were evidently closest to the drugs may  be enough. Ultimately, to convict you, they would have to be able to show that these were your drugs "beyond a reasonable" doubt--which is  much higher standard--but don't assume that they can't do that. For example, if your friend testifies that the drugs were yours, not his, that could be enough; the text you refer to may be helpful (possibly very helpful) in this regard, but may not  be enough (for example, there are ways he can try to explain it way or cast doubt on it). Similarly, the fact that it was not your car will help, but may not be enough (for example, people *do* put drugs in other's cars or homes).

In short: they can almost certainly at least charge you if they wanted, and force you to defend yourself. There is evidence and facts in your favor, but none of it guarantees that you'll win if your friend testifies against you. Treat this very seriously and hire a criminal defense attorney to help you. Do not speak to anyone or say anything about this until you talk to your lawyer.


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