Stowell, TX Criminal Defense Law Firms & Lawyers

You are the victim of a common problem, I see it often. The solution to the problem may lie in a suppression hearing dealing with the search using the K-9 unit. The filing of two charges is legal in most instances as long as the paraphonia is not the hash. If it is, a plea to the paraphanalia may bar the prosecution for the drug. You need help as soon as possible as the possession is a serious felony. In Dallas there is a diversion program that requires early application if you are elligable.

The statute of limitations is two years for hot chacks. The problem is that the statute sets the time for a criminal action to be filed, so you have to determine if the case was timely filed. If not you can raise it to defeat the charge. If it was filed timely, you will need to claim laches or try it. It is extremely doubtful that the witnesses will be available. Your attorney may be able to negotiate for a dismissal in some situations.

The answer depends on where the case was filed. You should consult with a lawyer in the county where the charge is pending. If you are in Florida he may be able to do a plea in absentia. Each judge has a different rule about doing a plea when you are not present. Some will allow it and others will not. In Dallas it is possible to do a memorandum agreement that results in a dismissal without a plea but you must be present in court twice.