16 Year Old Charged With Marijuana Possession in Texas

[reftx]

My question involves juvenile law in the State of: Texas

My son was pulled over by the police for an "obstructed" license plate on a 12 year old car. The license plate has looked exactly the same for the last 12 years so he was obviously targeted by the police. After a search of the vehicle and its occupants, the police found 1 ounce of marijuana on my son's 17 year old friend. The friend was arrested and spent the night in jail. He now faces a very stiff penalty. My son has confessed to me that the marijuana belonged to him not his friend. He does not want the friend to suffer on his behalf. While I have punished my son for his behavior, I am unsure as to what to do about the friend. Do I let my son go to the police or advise his friend to say the marijuana did not belong to him?

[Dogmatique]

This isn't so much a legal question as it is an ethical question.

What would be the "right" thing to do?

[reftx]

I need to make a correction. It was 1 gram NOT 1 ounce. My question is essentially this: Will the police believe my son if he says it was his or will they think he is only trying to save his friend? Also, what type of penalties will my son face?

[PTPD22]

I agree that this is more of an ethical question rather than a legal one. The only answer from a legal defense perspective is for your son to keep his mouth shut. From an ethical perspective, in my opinion, your son should take responsibility for his actions and accept the consequences. Go to the police and/or prosecutor and confess his culpability.

But, to answer your specific questions:

Will the police believe my son if he says it was his or will they think he is only trying to save his friend?

They will likely believe him. However, it is really not an issue of saving his friend. Since the weed was found in the friend's physical possession, your son claiming ownership does not exonerate the friend. Obviously, the friend was a knowing and willing participant in the possession. So, both your son and the friend will be charged with possession.

Also, what type of penalties will my son face?

That is hard to say with any specificity. Especially since your son is a juvenile. If he has not been in trouble with the law before, he would likely be offered a diversion program. That would likely entail a period of probation, attend some drug classes (at his/your expense), and, maybe, some community service. If he successfully completes that, then the conviction would go away. Without a diversion, he would likely be sentenced to a fine, a period of probation, and keeps a juvenile drug conviction record. Either way, he will almost assuredly have his driver's license suspended.