Will an affidavit by the guilty party remove possession/ownership from me and secure dismissal?

UPDATED: Jul 4, 2012

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Will an affidavit by the guilty party remove possession/ownership from me and secure dismissal?

I was the driver with 2 passengers. We were pulled over and legally searched. An ounce of marijuana was found, with bits of marijuana in the back with the back passenger. One passenger claimed the ounce of marijuana but did not claim the bits in the back with the back passenger. We were all arrested since the back passenger did not claim it at that time. The back passenger has pleaded guilty to possession and has provided a noterized affidavit claiming all the marijuana in the car, and that none was there prior to him entering the car.

Asked on July 4, 2012 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The affidavit will help get you a dismissal, but it won't secure it.  The prosecutor is free to accept or not accept the affidavit.  They may look at your history and think that you did have knowledge of the marijuana (assuming you have something on your record).  If the prosecutor rejects the affidavit, then you would have to set the case for trial and have the co-defendant come and testify about what was in his affidavit and see if the jury will believe his testimony.

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