What to do if my friend and I were stopped in his car for a cracked windshield and drugs were found?

The officer upon questioning my friend, asked to search the vehicle and my possessions as well for illegal drugs. I consented but denied any knowledge of drugs. The officer found a controlled substance in my friend’s possessions. My friend was arrested and charged with felony controlled substance. I was not charged and released. Then 6 weeks later, while still detained, my friend stated that the controlled substance was not his but mine. Can I be charged with this crime? What will happen now?

Asked on October 11, 2013 under Criminal Law, Texas


Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

From your description, I believe that you could still be charged with a crime. A criminal attorney who practices in the jurisdiction where the arrest occurred may have a sense of what the prosecutor is likely to do, and how to deal with that prosecutor.

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