Legal Question in Criminal Law in Texas

my purse was picked up in a store and i made a report with managment but did not file police report. the next day my husband goes back to see if it has een found and police say there were drugs found inside. can i be arrested for it?

Also, since my purse is now in police custody, can i claim my actual belongings without being arrested? I have no criminal record.

Asked on 3/11/14, 9:16 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes, you can be arrested.

But you probably can't be CONVICTED because (a) somebody else put the drugs in your purse and (b) nobody can testify that YOU had possession of the purse at any time when ANYBODY can swear that there were drugs inside it.

It's a question of chain of custody.

Write a paper letter to the police department and tell them (DON'T USE A TELEPHONE) that you want your purse back, and that it didn't have drugs in it. Ask them to contact you. And if they don't sue them for conversion.

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Answered on 3/11/14, 1:28 pm
James Bayles The Bayles Law Firm

i concur with Mr, Dunn. with the info you provided a conviction would be unlikely. however, if you are arrested or charged you will need to hire an attorney rather than relying on advise like this or trying to represent yourself

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Answered on 3/12/14, 4:22 am

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