Possession of Marijuana, Second Arrest

[tiff1212]

My question involves criminal law for the state of: Texas

My son was arrested for possession of marijuana and paraphernalia (a pipe) in the glove compartment of his car, his freshman year in college. He was at a park playing basketball, and since the car was parked by the curb at the park, he was facing felony charges. We hired an attorney and were able to obtain adjudication with 60 hours of community service, a drug awareness class, and we made him work to pay us back for the attorney and the paraphernalia fine.
Fast forward to this past fall (four years later), almost the same scenario. This time, he was arrested as a passenger in someone else’s vehicle with under 2 oz. of marijuana in the middle console. The person he was riding with was a co-worker who was pulled over for not signaling, while they were driving to a nearby fast food restaurant for lunch. The reason for searching the car is a bit sketchy, but it's commonplace in this particular city - pulled over, under 25; they will search the car. Thus far, no charges have been filed by the County. My son seems convinced that since he was not doing anything wrong, “didn’t even know it was in the car!”, that he does not need an attorney. His plan is to just explain everything to the judge. I’m not convinced this a good idea.
Question – With adjudication the first time around, will this be considered a second offense? If so, what kind of sentence could he be looking at for a second offense? I would like to have more information in the hopes of convincing him, he really needs an attorney - even if he didn't do anything wrong.

[indybail]

I would always urge anyone to avail themselves of as much legal help they can afford. If there are no financial resources, ask for a public defender.

Never count on "just explaining" the situation to the judge. Ask any judge.

[pat2899]

I agree with the above advice, don't know about Texas but many states have a "constructive possession" law that sez controlled substances found in a vehicle is presumed to be owned by all occupants" unless the drugs are found on the person of an occupant or an occupant admits ownership of the controlled substance. Your son more than likely will not be permitted to address the court without an attorney because something he sez my incriminate him.

[tiff1212]

Thanks, Jeff. I agree.