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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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