What should I do if I'm wrongly charged due to my cousin's drug arrest?

Full question:

I was at my cousins house when he was arrested for drugs; I was also charged because I was there and I have a prior record (10 yrs ago). I was not involved at this time. My cousin hired lawyers for both of us and they were only interested until my cousins money ran out. They showed up in court maybe 2 times, if that, then filed for dismissal from our cases. I've never been offered a plea because my lawyer wouldn't show. My cousin stepped up and hand wrote a confession claiming everything, even put in confession why I was there, he took it and had it signed and notarized and brought it to me because he said it was weighing heavy on his heart.I turned that in to the District Attorney. I was just appointed a court appointed lawyer last month and trial date is coming up. I haven;t heard from this lawyer either. I never missed a court date and don't owe the bail bondsman anything (cousin paid all of that too).Yesterday, I was called by a cop pretending to be my bail bondsman and had me meet him to talk to an investigator my court appointed lawyer hired. Like a dummy, I did. I'm being arrested for nothing. I have no Idea what is going on, I've been on the straight and narrow after serving my time and have been working up until this happened. I may have a few traffic tickets but that's it. I have NOT been involved with drugs and I have no idea what to do at this point. I know I'm going to lose my job and my kids are gonna hate me all for being somewhere I shouldn't have been. I need help on steps to take. It was easier to deal with when I was guilty, but now that I'm not guilty I'm getting a raw deal and it hurts bad. My 10 years of hard work trying to turn my life around and prove to the mother of my kids and my kids that I've changed is taken away from me and no one cares. They are just looking at my prior record. What can I do?

• Category: Criminal
• Date: 04/07/2025
• State: Texas

Answer:

Entrapment is a legal defense that applies in criminal cases. To prove entrapment, you must show that law enforcement induced you to commit a crime you had no intention of committing. Simply creating a situation that allows a crime to occur is not enough for an entrapment claim. The key is that a normally law-abiding person must be persuaded or induced by law enforcement to commit the crime.

Another related defense is known as "outrageous police conduct," which is based on police misconduct. This defense is broader and less defined than entrapment. For instance, in Provigo Corp. v. Alcoholic Beverage Control Appeals Board, the court stated that using minor decoys to buy liquor was not considered outrageous conduct.

Probable cause is the standard needed for law enforcement to justify an arrest. It means there must be sufficient evidence to reasonably suspect someone of committing a crime. If probable cause existed at the time of your arrest, proving your innocence later does not make the arrest unjustifiable. The determination of probable cause considers all information available to the officer at the time of the arrest.

Under the Fourth Amendment, a prompt judicial determination of probable cause is required following an arrest, typically within forty-eight hours.

Since you have not received communication from your court-appointed lawyer, it is crucial to be persistent in reaching out to them. Make sure they are aware of your situation and the urgency of your case. Document all your attempts to contact them. You may also want to explore other resources or legal aid organizations that can provide assistance. Remember, your prior record should not overshadow your current situation, and you deserve a fair defense.