Asked 8/4/17 – Arlington, TX

I was arrested back in 2010 and charged with DWI and until two days ago i was only aware of that particular charge; however, my federal fingerprints came back from a prospective employer who has revealed another charge was tacked on “Possession of a dangerous drug”. At the time I had a prescription for Xanax which is why they charged me w/ DWI but i was not aware of the Dangerous Drug charge and i only served probation, i thought, for the DWI. Is it at all possible to fight or somehow go back and prove my prescription at the time, in fact the jail had actually given me the very medication i was charged with for DWI while in the holding facility in jail!

Thank you

Answer

I guess anything is POSSIBLE, but the question is how you could resolve a criminal case without you even knowing about the charge. If you signed plea papers waiving your right to contest the dangerous drug charge, the first question the Court will ask if you attempt to set aside the judgment is: “Why didn’t you bring this up in 2010?”. Contact the attorney who represent you on the original charge.