My son is 27. At the age of 17 he fought another boy who was a CI. It was a 3rd degree felony, but he got 10 years adjudicated probation. He made it all right for 6 years. Anyway, to make a very long story short... he got out of prison 10 months ago. About 4 months ago he was driving his truck when he saw a police officer he knew. My son pulled into a bank parking lot and the officer turned around and also pulled into the bank parking lot. My son and his friend got out of the truck and the officer searched it. He did not find anything so he let them go. About an hour later my son's parole officer called and said that a woman at the bank saw him and his friend put something in the bushes. The officer went back to the bank and found a small amount, less than 1/2 ounce, of marijuana in the bushes. They never arrested my son, but he got a letter in the mail letting him know that he had been charged with possession. He has to be in court on the 21st.

What is the legal definition of possession? Don't you have to have it on your person or in your vehicle or home? What would his defense be? Could he ask them to check the baggie for his fingerprints? What are his rights in this case?

They dropped the charges against the other person in the truck because he had more serious charges against him from another time.

The justice system in our town is crooked. One officer was caught driving while intoxicated... he also had taken a girl out of county lock up for his date. He is still on the force. This is just one of many offenses the police department has committed, with no consequences, in the small town we live in, so that is why I am so concerned about knowing exactly what the law is concerning possession.

Thanks in advance for any help you can give me.

Thanks for your answer Judykaytee. To answer your question... it was his friends.

I just don't know how they can prove what was put in the bush. The woman in the bank did not see anything. She just saw them put something in the bush. There also was a period before the officer came back, but I guess real life is different than what you see on the law shows on TV.

Thanks again for answering my question.

Caryl

To cut right to the chase - was it your son's baggie? That gives an idea of what arguments will or won't work in Court. People who allegedly throw drugs out of car windows are arrested all the time based on statements of witnesses and the finding of drugs.

He should get a good Attorney.

Please do not start a new question to answer what a experts asks for more info. This is not a blog and does not work that way.

You want to answer your own question with the additional info.

If you do not, your new post will not make sense to anyone reading it.

I have merged your two posts

Hello caryl:

There are several things about your post that need clearing up... I never heard of a fight resulting in a 10 years sentence... You say it was probation, then you say he got out of prison... I don't know what a CI is, unless it's a "confidential informant". If so, THAT wouldn't make any difference in your sons charge...

But, NONE of that has to do with your question... If your son is on probation, the cop doesn't need probable cause in order to search him... Finding pot in the bushes wouldn't be enough to CONVICT him... But it IS enough to violate his probation...

However, I have LOTS of questions. Did the cop know your son was on probation? Why did he search the truck? Did your son give him permission? What did the cop say? How did the bank employee know your son was on probation? Who did the bank employee call? How much time elapsed between the search and the cop finding the pot in the bushes??

Please, don't answer the questions. I only bring them up to show you that there are LOTS of things that need to be explained, and the ONLY way that is going to happen is if your son hires a lawyer...

Otherwise, if the town is as corrupt as you suggested, and I have no doubt it IS, your son will get railroaded again...

excon

Ok, so he was on a 10 year probation , and he did something to violate his probation. So what did he do to get sent to prison, what was that violationd

To answer your question Fr_Chuck:

He was on probation for "Retaliation" that is what it is called for fighting a confidential informant. He was caught with two marijuana cigarettes in his truck. He had 4 years left on his probation at the time, so his probation was revoked and he was sent to prison. He was there for two years and got out at his first parole meeting. He now has 1 year and 3 months left on parole.

If I answered this in the wrong place... I am sorry.

excon,
I am not going to answer all of your questions, just one. Yes, he got 10 years for a third degree felony of retaliation. The boy he fought was a confidential informant. It was a first offense for my son.

My son is hiring an attorney. I did not expect anyone here to be his legal advisor. I just wanted to know if anyone knew what the legal definition of possession was in Texas. I thought this was where I would ask that question.

Hello again, c:

Nahhh. You don't want to know THAT. You want to know about SEARCH laws in Texas... THAT'S what you want to know about, and you're going to need to go to a laywer to find that out.

excon

The issue will be tying the drugs to your son. If they have a witness saying he saw something being throw from the vechile. And in that spot find the drugs, it is hard to say if that will hold up or not, fingerprints on the drugs may do it. BUT>>> my thought is I bet that person not being charged is going to testify against him, they are gong to say it was his drugs and he threw them out. That will tie him to the drugs. But that is my guess, because they droped the charges against him, and I bet part of a plea deal will be his testifying