What to do about criminal charges stemming from myvisiting at a house when it was raided?

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What to do about criminal charges stemming from myvisiting at a house when it was raided?

I was at a house that got raided and I am now being charged with unlawful possession of a firearm by felon and possession of a controlled substance. However they weren’t my guns or drugs. Also, it wasn’t even my house. The other 2 people who got arrested have already been to court and I am just now being indicted.

Asked on May 23, 2011 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can defend yourself from the charges, by attacking the state's evidence--e.g. what evidence do they have they possessed the firearm or controlled substance--or by presenting evidence or defenses in your own favor--for example, are there any witnesses who will testify that you did not possess those items? Remember: the state must prove it's case beyond a reasonable doubt. Unfortunately, if the other 2 who were arrested where already indicted, one or both may have or may be cutting a deal to testify against you.

You should retain a criminal defense attorneny immediately. If you cannot afford one, one must be appointed for you. Do not speak to the authorities until you have spoken to your attorney--you have the right to not speak to them.


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