Legal Question in Criminal Law in Texas

What are my Rights

My husband was arrested for Manufacturing/Delivery of a controlled substance. The problem is he only drove a friend to meet someone, he never took any money or drugs from anyone or delivered anything knowingly. How can he be charged with this? Also, the narcotics officer that arrested him has been slandering him to different people. Is there anything that can be done about this?


Asked on 8/16/01, 7:29 pm

1 Answer from Attorneys

Joshua Wintters Law Offices of Joshua Wintters

Re: What are my Rights

Hello --

If the facts in your case can be shown to be as you describe, it sounds to me as if you may have a strong case to fight the charges by attacking elements of the alleged offense. At this point, your choices are pretty limited - either taking the case on to trial or negotiating a plea agreement. I would urge you to consult with an attorney of your choosing thoroughly before making any decision, as so much is at stake. As for the possible slander, I'm sad to say that there is little you can do about that. For slander to be actionable, the speaker has to have reason to know that the subject upon which he/she is speaking is untrue. Until you have a not guilty finding, it would be hard to prove an untruth element. The best, unfortunately, that you may be able to do is to threaten legal action and request that the comments end.

Should you have any questions or need to consult with me further, please feel free to e-mail me at: [email protected] or phone 254.756.5004 Thanks and all the best.

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Answered on 8/17/01, 3:56 pm


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