Missouri Drug Crimes Legal Questions

You should retain a lawyer.  If you plead guilty or are found guilty, the range of punishment on the Class A misdemeanor of less than 35 grams of marijuana is up to one year in the county jail, and/or a $1000 fine.  Other consequences are the possible loss of driving privileges as well as being ineligible for federal financial aid. This answer does not create an attorney/client relationship.... Read Answer

The police officer most likely wants you to participate in a controlled buy.  There's a good chance that if you don't participate you will be charged with the Class A misdemeanors of possession of less than 35 grams of marijuana and possesssion of drug paraphernalia. This answer does not create an attorney/client relationship.  ... Read Answer

You need to attend your first court date.  If you have an attorney, they will advise you on whether to attend or not.  The Court, most likely, will require you to retain an attorney or if you qualify, they would appoint a public defender. This answer does not create an attorney/client relationship.... Read Answer

It would be a good idea to retain an attorney.  First, he doesn't want a drug related conviction on his record, there is currently no way to expunge (remove) such an offense.  Secondly, a plea of guilty or finding of guilt have can have collateral consequences to his driver license under Missouri's Abuse and Lose Law.  That would require a 90 day loss of driving privileges as well as having to take a $485 SATOP class to get his driving privileges back.  Finally, if the charges are in State Court, he could be found ineligible for federal financial aid. Thank you, This answer does not create an attorney/client relationship.... Read Answer

Before you make any statements to law enforcement, you need to contact an attorney in your area. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

Your mom could possible be charged with constructively possessing the marijuana if she admits to law enforcement that she knew of its presence.  That seems like quite a stretch though.  You should keep in mind that if one is charged with possession of marijuana while operating a motor vehicle, Missouri applies the abuse and lose law.  What this means is that if you are over 21, you lose your driving privileges for one year and are required to take a SATOP course to get your license reinstated.  If you are under 21, the suspension period is 30 days.  Long story short, it's not a great idea to store marijuana in your vehicle. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

Without retaining an attorney, her only option is to write the judge and ask if they would do that.  That is something that should have been done at the sentencing on the bad check and not returning rental property charges.  There is a very high likelihood that the sentence will not be changed. Thank you, This answer does not create an attorney/client relationship. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read Answer

Most likely, after reviewing the evidence that the police provided, the Prosecuting Attorney decided to file additional charges, which is within their authority. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.comThis answer does not create an attorney/client relationship.... Read Answer

In RSMo. Section 195.010(40), Missouri defines a synthetic cannibinoid as follows:  (40) "Synthetic cannabinoid", includes unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including but not limited to any substance listed in paragraph (ll) of subdivision (4) of subsection 2 of section 195.017 and any analogues, homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, however, it shall not include any approved pharmaceutical authorized by the United States Food and Drug Administration; Thank you,  Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

That sounds like a very good defense to your case.  The prosecutor can charge you if he/she believes there is a probable cause that a crime occurred.  However, to prove you guilty, the prosecutor has the burden of proving every element of the case against you beyond a reasonable doubt.  You need to get an attorney to defend your rights. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

Your public defender could still argue for the SIS at sentencing.  If you don't live in the county of sentencing, then you would not be eligible for their drug court.  Being in the drug court program would make it more likely that you would receive the SIS from the judge.  I don't know enough facts of the case, nor your background, or judge to tell you that you would or would not get the SIS.  If you keep your open plea, they will not lower to possession.  You have already plead guilty to distribution.  At this point, the judge would let you withdraw the plea most likely.  After sentencing you would not have a chance to withdraw the plea if the judge did something you didn't like. Thanks, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

Are you asking if they will give her credit for time served?  If so, the answer is yes, as long as she hasn't bonded out on any of the 6 felonies.  If she has bonded on any of the charges, her attorney needs to revoke her bond so that she gets credit for the time she is serving.   Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read Answer

If you want to keep your record clean, you are going to need to hire an attorney.  Prices vary depending on what jurisdiction you are in.  Typical attorney fees would range from $500-$2000 on the two charges you describe.  Should you be convicted of the possession of marijuana in a state court, you could be looking at ineligibility for federal financial aid.  Also, there is no way to expunge the charges in the future.  Finally, if you are under 21 and plead guilty to the marijuana charge, the judge is required under the Abuse and Lose law to suspend your driver license for 90 days and require you to complete SATOP at the cost of $485.  Long story short, you need to get an attorney. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read Answer

I am sorry, but in Missouri, only specific crimes are eligible for expungement, and at this time, no drug charges are eligible for expungement. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

You need to retain an attorney.  If you don't, the charges could stay on your record for the rest of your life.  Also, if you are not represented, the Missouri Abuse and Lose law would suspend your driver's license for 90 days. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

Unfortunately, the only crimes in Missouri that can be expunged (removed) from your record are a first offense Driving While Intoxicated, and a first offense Minor in Possession of Alcohol.  Sorry. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read Answer

It depends on what jurisdiction, but most likely your bond would be revoked by the judge and you would be returned to custody.  They may set a higher bond at that point, or they might not set another bond. Thanks, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This response does not create an attorney/client relationship.... Read Answer