Legal Question in Criminal Law in Texas

with somebody in the car with possession of marijuana

My brother was arrested for possession of marijuana, but the drug was not actually on him; it was on another person but in the same car. my question is can he be charged with possession and what must i do to get him out and basically what should i do to make this process as short as possible


Asked on 3/18/08, 9:56 am

2 Answers from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: with somebody in the car with possession of marijuana

Based on what you have stated, you should seek the assistance of a criminal defense law firm. If your brother was not in possession of the drugs, then his attorney will advance that potential defense to the district attorney in that specific court. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

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Answered on 3/18/08, 1:31 pm
michael palmer Law Office of Michael Palmer

Re: with somebody in the car with possession of marijuana

Yes, he can be charged. However, the State will have to show that he knew the marijuana was on the other person (i.e. odor of marijuana). Most likely you can get this charge dismiss with an affidavit from the other person saying that the drugs were his and that no brother had no knowledge.

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Answered on 3/18/08, 2:15 pm


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