In November of 2011, one of my clients was a passenger in a vehicle traveling westbound on Interstate 40 through Texas. The driver was stopped in Oldham County for speeding and driving in the left lane while not passing. During the course of the traffic stop, the state trooper asked the driver for consent to search the vehicle. The driver gave consent to search the vehicle. The driver also told the officer there was marijuana in the vehicle. During the search, the officer found approximately 15 grams of marijuana in the luggage belonging to the driver and a little over 10 grams of tetrahydrocannabinol (hashish) in a cooler in the backseat of the vehicle.
The driver and my client were arrested and subsequently charged with possession of a controlled substance.
Prior to my involvement in the case, my client had a court-appointed lawyer. The State had made a plea offer for probation and the court-appointed lawyer told my client that he should take the plea offer. My client refused to accept the plea offer and retained my services. After I conducted my investigation of the case, I entered into negotiations with the State to resolve the matter. We were able to get a sworn statement from the driver of the vehicle. The driver took full responsibility for the marijuana and hashish and stated that my client was not aware they were in the vehicle. My client did not have a criminal history, which worked to his benefit. I was able to show the prosecuting attorney there was little, if any evidence, to connect the marijuana or the hashish to my client.
In April of this year, the State dismissed the criminal charges filed against my client.