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Drug charges and mistaken identity

On Behalf of | Jan 6, 2022 | Drug Charges

Persons arrested for drug crimes in Texas could face significant penalties if convicted. The arrest may involve several charges, including both felonies and misdemeanors. When facing so many counts, someone could feel the need to plea bargain. Sadly, so may someone who is a victim of mistaken identity. While many arrests involve the positive identifications of suspects, there could be scenarios in which someone is arrested for a crime he or she did not commit.

Mistaken identity and drug charges

A suspect found himself arrested on several drug charges in Austin after the police investigated a hit-and-run accident. The police might have mistaken the person investigated for the hit-and-run for someone else. However, the investigation led to a drug arrest.

Although the initial investigation may involve mistaken identity, the “wrong” suspect could face arrest for other charges. However, concerns about probable cause or illegal searches and seizes may arise during the defense.

Additionally, there could be cases in which someone is arrested based on outright mistaken identity or false identification. Straightening out the resulting legal situation could keep an innocent person out of prison.

Defending false accusations and identifications

Defenses against mistaken identity could involve pointing out the obvious with the evidence. That is, the defendant’s criminal defense strategy may point out that the suspect captured on video or in a photo is another person. A judge may dismiss drug charges if convinced the evidence reveals a different person.

Sometimes, the evidence is ambiguous. The person captured on video may not be visible enough for identification beyond a reasonable doubt. A jury may be unable to convict on weak evidence.

Witness credibility could fall apart too. A cross-examination may reveal problems with a witness’s testimony. Other witnesses may counter the testimony. Ultimately, there are ways to approach false identifications when charged with a crime.