Felony Drug Possession and Failure to Appear
My question involves criminal law for the state of: Texas.
Going to keep it short and brief. Thank you in advance for your help.
I gave someone a ride to grab his stuff from his ex GF. I ended up letting him drive however because he knew where to go and what not. We met her, grabbed his stuff and right as we got back onto the highway we were pulled over. It was my mother's vehicle and he was driving. After speaking to the driver I was pulled out and asked if they could search the car. I declined because I was not sure what was going on and what he might have had, or what he had just gotten us into. After declining a drug dog was walked over and he smelled something in the back of my vehicle. Turns out the guy had something in his bag that had Meth residue in it. We were arrested and charged with possession less than half gram. After the smoke settled and we saw the judge the following morning I was told I was being charged with a 1-4gram state jail felony because during the search of us in the jail the other fellow had just under 4 grams in his sock. We were released on a personal bond that same morning.
Not knowing how serious this was and not being from that drug kinda life I did not take this seriously. I missed court and It has now been 20 months since. I've been a recluse and afraid to leave my house the entire time. I need to fix this. Please give me advice. I am absolutely not cut out for jail, Never been arrested, no jail time. I have a security clearance and worked as a defense contractor and was in military. I am unemployed and have no money, no means of doing much. My current mindset is that I just want to attend a court hearing where this judge will be, approach him some how and just be a man about it, throw my pride out and give him the exact truth as to what happened and hope for the best.
A few notes:
1. I absolutely did not have drugs on me.
2. I had consumed marijuana earlier in the day and it was obvious from my eyes that I was not sober.
3. The backpack that the initial drugs were found in was his, and was even RETURNED to him by the sheriffs when we got to jail. So they know the bag wasn't mine.
4. The drug thing that the dog hit on and that gave them probable cause and we're subsequently searched and then arrested for was LEFT IN MY CAR. I found it when I got my car from the impound lot. It's like they laid the stuff out for photos and just forgot to take it.
5. I stated I never had any drugs, knowledge of drugs and the only drugs found were in HIS SOCK during the jail portion of the night. After he denied having drugs for the entire situation mind you.
6. This guy was arrested the very following weekend for a heroin possession charge after falling asleep at a red light. He was transferred back to the county jail that we had been in and he was there until the trial....that I didn't attend. (Stupid stupid me)
Please. Im in a deep hole and I can't find my way out. Advice. Please.
Re: Felony Drug Possession and Failure to Appear
Get a lawyer. If you can't afford one ask for a public defender.
Re: Felony Drug Possession and Failure to Appear
You should find a way to consult a criminal defense lawyer about surrendering yourself on the warrant and getting before a court, ideally in a manner that will allow you to avoid spending a night in jail. If you turn yourself in at the wrong time, you can easily spend time in jail before getting before a judge. Also, you need to discuss a strategy for dealing with the missed court appearance and bench warrant, as those issues could also land you in jail either for contempt of court or because the judge sets a higher bond.
You can petition for a court-appointed lawyer after you address the warrant.