Can I get my charges dropped and will other person be charged even though they were never actually caught possessing?

UPDATED: Oct 1, 2022

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Can I get my charges dropped and will other person be charged even though they were never actually caught possessing?

Say I was arrested with drugs that weren’t mine but they found them in my pants, a pair of pants I hadn’t worn in a long time but a couple days before let an acquaintance wear them because he had ruined the pants he was wearing at the time. He had put the said drugs in the pants and forgot them there and when he realized it was too late because he didn’t want us to know he was using that stuff so he wasn’t able to get it back without blowing his cover which led to me being arrested a couple days later and despite the anger and confusion I was cooperative and felt like I had nothing to hide and consented to a pat down which is how they found it….in the little coin pocket…the only pocket I never checked because let’s face it I forget they exist but anyways…..if I can get them to admit that it’s theirs to the prosecutor will my charges get dropped and also would they be charged even though they were never actually caught possessing the evidence?

Asked on December 3, 2017 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF your friend admits to what you write AND it is credible or believeable when they do this (i.e. it doesn't seem like they are just trying to take the blame for you, even you were the one with the drugs), then it is likely that the authorities will drop the charges (or if they do not, that you would have a viable defense at trial). If the charges are dropped, it is almost certain your friend will be charged instead *and* convicted, since he will have confessed to drug possession. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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