Legal Question in Criminal Law in Texas

My boyfriend was out on parole. In July he was arrested for felony possession of Xanax that was found in his car. It wasn’t his, but they don’t believe that. He bonded out and then on August 14th he was picked up in a different county for a parole violation (no new charges) they haven’t really told him anything. He has no bond and they wavt let him talk to a lawyer. They say the other county has a hold on him. So he’s just been sitting. Regardless if the other county comes and gets him or not, he wants to sign a pre indictment plea for the Xanax charge (before he is indict) is this possible and if so, how do we go about it? All help is greatly appreciated. Thank you.

Asked on 10/27/18, 1:56 am

1 Answer from Attorneys

Wes Ball Wes Ball Law

Why on Earth would he want to "sign a pre indictment plea for the Xanax charge?" I assume you mean a guilty plea with a plea bargain of some sort. If he is on parole, they apparently issued a blue warrant (parole violation warrant) which is not subject to bail. Normally the county with the Xanax charge would eventually come get him as parole revocation hearings can be done statewide and from you information, the county where he was arrested on the parole warrant has no charges of its own.

Since you say the Xanax was not his, it may be that he can be exonerated on that charge. Possession has a legal definition and it requires the prosecution to be able to prove he had actual care, custody, control or management over the substance. Going with that is a requirement that they be able to prove he knew it was there. I don't have enough information to determine what his chances are, but if he pleads guilty to something while on parole, it makes it easy for them to revoke his parole and return him to prison. Not a good idea in my book. I am generally not in favor of pleading guilty to something that my client is not guilty of in the first place.

You should consult with a Board Certified Criminal Law Specialist who can review the case more carefully and provide a more solid opinion.

Wes Ball

Read more
Answered on 10/30/18, 9:26 am

Related Questions & Answers

More Criminal Law questions and answers in Texas