Asked 1/21/2016 – Splendora, TX

I was pulled over for speeding and admitted to having a single marijuana joint in my possession, I also agreed to give consent to search. While searching they found my common law husbands ex girlfriends id under my truck seat. they dropped the marijuana charge and charged me with possession of identifying information, which carries a state jail felony. The ex was well aware i had possession of her id and agreed to sign a affidavit. My court appointed attorney is insisting on talking to her and she is not being cooperative. She will not go out of her way to help. Is there some place I can get an affidavit simply stating she was aware I had her ID in my truck? I can take it to her and we can go have it notarized. This is ridiculous… I was in no way committing fraud.

Answer

Affidavits are not magic and even if you had one as you described, it doesn’t mean the State will just dismiss the case. You have no control over your husband’s ex, so don’t worry about her. Make the State prove the case beyond a reasonable doubt,. You have your husband who can testify to who the ID belongs to and how it could have been in the car (who is the car registered to any way?). Make the State bring the ex to court. The burden of proof on the State is the best weapon a defendant has in a criminal case. Use it.