Legal Question in Criminal Law in Texas

My question is concerning a recent traffic stop that I was involved in. Basically the officer pulled over my wife and I and found a sandwich bag that had been tore. He assumed the bag was from the purchase of marijuana and charged both my wife and I with possession of drug paraphenlia (sp.). So my question: Is it legal for the officer to charge both of us with this crime and there is only one bag, shouldn't the court be obligated to drop one of the charges.

Thanks,

Tax Paying Citizen


Asked on 5/25/10, 8:20 am

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

Frankly, unless he had some evidence that there was marijuana in the bag, I'm concerned he charged anyone with this crime, much less both of you. However, depending on the circumstances, the State could conceivably prove that one or both of you were in "Care custody and control" of the bag, which is the Texas definition of possession. I'd suggest speaking with a local criminal defense attorney about your case.

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Answered on 5/25/10, 11:27 am


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