Should I tell the DA that I’m OK with going to trial on my case?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I tell the DA that I’m OK with going to trial on my case?

Can my case be dismissed? My boyfriend and I were pulled over in a traffic stop. The officer asked

who the backpack belonged to that was found in the truck and i said it was mine. The officer found

hydrocodone in an unmarked script bottle in the backpack. I was changed with Class A misdemeanor, possession of a dangerous drug. Since my charges, I have recieved an affidavit from the person who left the pills in my truck stating that the pills belong to them. I have had an offer of 18 months probation for a 1st time offender.

Asked on April 7, 2018 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can insist on a jury trial, but the decision to dismiss or not will still be with the DA.  Since they have what they "think" is a confession, they will most likely feel like they have the upper hand.  To really press forward with your defensive theory, you may end up going to trial.  However, an affidavit will not be sufficient.  Your friend will need to show up and be willing to testify that this was an accidental possession, not an intentially event on your part.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption