Legal Question in Criminal Law in Texas

if someone was arrested with a co defendant for drug trafficking from a "controlled buy", does the prosecution need any other witness testimony than the arresting officer, not the undercover agent or co defendant, in order to successfully try the case?

Asked on 9/19/11, 12:47 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Generally a witness can only testify as to facts that he saw. If the officer saw these things. That is all the prosecution needs.

There are several exceptions to this rule of evidence. You should consult an attorney about the details

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Answered on 9/19/11, 4:35 pm

Cynthia Henley Cynthia Henley, Lawyer

You are suggesting that the arresting officer did not see the buy, etc.? Generally the State will use eyewitnesses to establish the offense because they have to list the witnesses anyway to the defense.

You need to have a lawyer handle this case regardless.

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Answered on 9/19/11, 7:10 pm

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