Asked 1/30/2016 – San Angelo, TX

I was in a vehicle that was in an under cover drug bust set up by someone that had been busted earlier that day. The driver & owner of vehicle did not tell me we were going to go deliver any drugs, but we were ran upon by the officers & everybody in vehicle was charged with manufacturing & delivery of a controlled substance. The drugs were found in a cigarette package on the drivers side & he said they were his & has been convicted & sentenced but they still charged me. I took it to jury & the DA brought up that I had brass knuckles in my possession when I got arrested, which I got charged with but haven’t been to court on yet. Is it legal since the driver claimed the drugs that I was charged & can they bring up something I haven’t been convicted of, possessing brass knuckles in a jury trial?

Answer

You do not have to be in actual physical possession to be charged with any particular contraband. It has to do with the law of parties, and your attorney can explain it in more detail. I am confused about the status of the matter. You had a jury trial. Was it on the manufacturing & delivery charge? Was a new charged filed alleging unlawful carrying of a weapon? Do you have any pending cases against you?