Legal Question in Criminal Law in Texas

Unlawfully Charged With Possession of Marijuana.

About a month ago my sons and two of friends were on their way back from partying. A copy pulled my son over for he said speeding. He took my son out on the drivers side and searched him. Then he took my son's two friends out and searched them. The cop searched all of them,let them go without even giving my son a speeding ticket. He gave them a card and told them to call him next week to see if their was a warrant for their arrest. My son called and he told him to come to the county. One of the boys was arrested for possession of marijuana and he had a $300.00 bond to get out of jail. They went to his house the cops did to pick him him.???? About two weeks later my son received a letter from the court house stating he had been charged with possession from 0-2 ounches. He also told my son that if someone did not fess up to the possession of marijuana they would all go to jail. How can he stop them, search them, let them go and then they get a letter charging them with this bunk possession. I have retained an attorney, but we live in a county where I think all the attorneys get together with the Judges to see just how much money they can get out of people. Please answer. Thanking you in advance.


Asked on 9/07/00, 8:36 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Unlawfully Charged With Possession of Marijuana.

I will answer your questions, but how do you know I am not a part of the conspiracy to get your money?

1. The police have the right to frisk all persons in the car AND the passenger compartment of the car itself, after a lawful stop, to search for weapons to ensure officer safety.

2. If in the course of the body pat they encounter illegal substances, they may seize those as contraband and charge the possessor with that crime.

3. Those with the one holding may be charged, and usually are, with a conspiracy.

4. Many times potential defendants are discharged shortly after arrest, and later summoned to court to answer to the charges. Nothing illegal in that.

5. The penalty for first offense possession under 2 OZ is almost never jail time, no matter what the cop says, and at most should be a probation with costs, unless your son has a prior criminal history.

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Answered on 10/06/00, 3:16 pm


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