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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33416
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Daughter is 17. On Monday May 3rd, in League City Texas,

Customer Question

Daughter is 17.
On Monday May 3rd, in League City Texas, She was arrested.
She snook out the window and went joyriding with friends.
Friends were smoking pot.
There were stopped for broken tail light.
They were arrested, charged with paraphernalia possession.
My daughter was not driving and friend, driver and owner of the car confessed to this being her drugs and pipes.
She did a stupid thing but is an otherwise good, drug free kid.
Now what?
Please help.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Can you be more specific in your question? I'm not sure what you're asking or what type of information you are seeking.
Customer: replied 1 year ago.
How do you get the charges dismissed. Items are not hers.
Expert:  Dwayne B. replied 1 year ago.
The procedure for doing so is for her lawyer to file a Motion to Dismiss but realistically it is nearly impossible to get charges dismissed outright in Texas.That's because in Texas there is something called "law of parties" which makes everyone involved guilty of the same crimes if they did anything to further the crime. So, for instance, if she handed the paraphernalia to another person then she is guilty under the law of parties.Another problem with her trying to get the case dismissed is that she has to take the witness stand and testify that it was not hers, she didn't touch them, etc. Then, if the judge denies the motion to dismiss, she will already be on record with her testimony and it makes her trial a lot harder.The better approach is to let her lawyer try and work a deal where she testifies against the others in exchange for a dismissal or some other charge or a "pretrial diversion". She does not want to talk to the DA or the police without a lawyer because anything she tells them is admissible against her and what usually happens is a person "give away" their testimony without getting anything in return.

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