Asked 8/27/2016 – Houston, TX

My daughter and her boyfriend is charged with possession with intent to Del/Man Del PG1 >=4. She has a court assigned attorney. I sent the attorney an affidavit from the boyfriend arrested with her. It states he takes all responsibility for the drugs, they were his. When I spoke to her attorney he said he was going to wait for my daughter’s court date to give the affidavit to the DA. He says it is up to the DA to believe the affidavit. They were moving at the time of arrest. She walked over to a car of someone helping them move and the cops came up on them and asked if she was prostituting. She told them she was moving and the guy in the car she approached was helping. They searched her car and found heroin and meth. Will the affidavit get her released and why is her attorney waiting? I feel the attorney isn’t going to fight for her. He seems irritated when we speak.

Answer

I understand the concern you have for your daughter, but your attorney is giving you proper information. The affidavit can be given to the DA, but what any particular prosecutor decides to do with that information is discretionary. The DA MAY dismiss the case, or choose to proceed with prosecution, have a trail on the matter, have the boyfriend tell his story to a jury, and then the jury can decide guilt or innocence.