Can I fight a drug possession charge in a vehicle that I borrowed?
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Can I fight a drug possession charge in a vehicle that I borrowed?
I drove my friend’s car just a couple miles down the road to a pizza place and passed a car going 15 mph in a 35 mph. I passed him in a bicycle lane which I’ve seen a million people do so didn’t think I was breaking the law at
the time. I got pulled over a half mile later and the officer smelled marijuana from the car I was operating. I was arrested and charged for the marijuana that did not belong to me.
Asked on February 17, 2017 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can try to fight it by clearly establishing that you had just borrowed the vehicle and the contents are not yours. However, the success of your defense will depend on how much you present to the prosecutor or jury regarding your defense. For example, if the cameras from the pizza place or other establishments can verify that it was a short trip and a title search can prove the vehicle was not yours.
Any defendant has the right to fight a charge. You have the right to review the reports and present your defensive theory. You have the right to challenge that evidence. Before you decide to take your case to trial, see what the state has to offer. If you are a first time offender, they may offer a way for you to earn a dismissal through a diversion program without risking a conviction via trial.
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