Originally Posted by
caryl777
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 alright for 6 years. Anyways, 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.